OA291: Wildcard, Clownhorns! (Non-Compete Clauses & More)

Today’s SUPER SPECIAL BONUS EPISODE tackles a bunch of issues that came up during the week that we didn’t want to get buried on the whiteboard, including the Flores settlement, a deep dive into non-compete clauses, and a really good Andrew Was Right & Wrong segment about the Hatch Act. It’s everything you love about Opening Arguments, only more so!

We begin with an examination of the oral arguments before the 9th Circuit regarding ICE detainment centers and whether those comply with the conditions mandated by the Flores settlement that require “safe and sanitary” conditions for minors separated from their families at the border.

After that, it’s time for a deep dive into a really good listener question from Erin regarding covenants not to compete. Learn all about the “Legitimate Business Interest” (LBI) test and how to gauge whether a noncompete clause is (likely) enforceable, plus learn about the recent economic and political trends surrounding noncompetes that may surprise you.

Then, it’s time for a very insightful set of comments from a listener regarding the Hatch Act; it’s an Andrew Was Right/Andrew Was Wrong compliment sandwich, but we all wind up better for it!

No #TTTBE this episode since it’s a special bonus.

Appearances

None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We first discussed the Flores settlement and border policy back in Episode 184. For a recent report on the oral argument, check out this Courthouse News article referenced on the show.
  2. We last discussed non-compete clauses in Episode 75.

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