The Louisiana Court of Appeal, First Circuit recently ruled in the case of Brown & Root Industrial Services, LLC v. Farris that an employee non-solicit/no-poaching agreement is not subject to the Louisiana non-compete statute but, nevertheless, to be valid, must have a temporal limitation that is reasonable in scope to be enforceable. Because the agreement at issue was open-ended with no temporal limitation, the court ruled it was void and unenforceable.

Employers should review and, if necessary, revise their employee non-solicitation provisions to make sure they comply with the finding in this case.

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