Business Litigation

On April 9, 2025, Kansas Governor Laura Kelley signed into law Senate Bill No. 241 (the “Bill”), which amends the Kansas Restraint of Trade Act (the “Act”) to (a) create presumptions of enforceability for non-solicitation covenants meeting the Act’s requirements, and (b) require reformation of overbroad restrictive covenants.  The Act expressly excludes non-competition covenants from its scope.  K.S.A. § 50-163(d)(6). 

Make no mistake. If you are about to start a digital transformation, the cards are stacked against you.

  • As an ERP customer, you are at an incredible disadvantage when trying to successfully implement ERP software.

To some extent, that is by design.

  • ERP vendors and integrators act in their self-interest to maximize revenue.
  • They minimize the complexity of the implementation

Software demonstrations are a key part of the sales cycle and your evaluation of competing software products.

  • Software vendors will wow you with features and functionality.
  • You need to step back and ensure you have an objective system to evaluate the software and functionality across competing product demonstrations.

Vendors will sometimes show specific demonstration software that has little resemblance to

Adopting technology for the sake of adopting technology rarely makes sense. This is true for Artificial Intelligence.

  • AI is the shiny new object right now.
  • ERP software vendors are rushing to incorporate AI functionality into their products.

To utilize AI, you must have a well-thought-out strategy for selecting, implementing, and using AI.

  • You need to ensure you have a business

Shelfware is software that you are no longer using or no longer need.

  • It can range from too many users.
  • It can be modules you no longer need or functionality that no longer meets your needs.

The first step is avoiding getting into this situation.

  • You can’t just rely on what your salesperson recommends or what your competitors are doing.

What are the advantages of using best-of-breed solution providers and deploying a multi-cloud implementation model?

  • Some of the advantages are choosing the best service/product for the job, optimizing different infrastructures, and maintaining flexibility.
  • But what are the risks?
  • Increased complexity and the need to manage multiple vendors increase the likelihood of an ERP implementation failure.

I discuss these issues in

On March 24, 2025, Virginia Governor Glenn Younkin signed into law S.B. 1218, which amended Virginia’s non-compete law to expand the definition of “low-wage employees” with whom employers may not enter into non-competition agreements. 

A “low-wage employee” previously was defined as any employee whose average weekly earnings fell below the Virginia average weekly wage. For 2025, this equated to $1,463 per

Wyoming just banned most non-compete agreements (Wyo. Stat. § 1-23-108): starting July 1, 2025, most agreements that restrict workers from working in competitive jobs will be void, absent some exceptions for:

  • High-Level Employees: Non-compete agreements with “executive and management personnel” and “officers and employees who constitute professional staff to executive and management personnel” will still be enforceable.  However,

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice issued two technical assistance documents discussing how the agencies view and define Diversity, Equity and Inclusion (“DEI”) in the context of workplace discrimination: “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination

As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the federal government from enforcing several DEI-related clauses in its recent Executive Orders. The court held that the Government had not shown a likelihood of success on the