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Proposed Rule From the FTC Would Ban Non-Compete Agreements in Most Circumstances
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Proposed Rule From the FTC Would Ban Non-Compete Agreements in Most Circumstances

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Currently, the general test for determining whether a non-compete agreement is enforceable depends on several factors, including (1) whether the agreement protects a legitimate business interest; (2) whether the time limitation is reasonable; (3) whether the geographic limitation is reasonable; and (4) whether the worker receives some tangible benefit for signing the agreement. In Maine,…

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Is That Pot Shop Legal: Maine Municipalities Wrestle with Whether to “Opt in” to Marijuana

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As a municipal attorney in Maine, I can never predict what new legal challenge one of our many municipal clients will call about next. This is one of my favorite parts about my job. I say hardly because there is one topic that has come up very frequently over the past several months—marijuana. Given the…

501(c)(3) Public Charities: Meeting the Public Support Financial Requirement

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Nonprofit entities that have been granted tax exempt status under Section 501(c)(3) of the Internal Revenue Code (the “Code”) must remain in compliance with the requirements of the Code. This is particularly true with exempt entities that have been granted “public charity” status (the “Organization”). The IRS allows some flexibility in satisfying the Code requirements,…

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Legal Issues with Cell Phone Tracking and Monitoring in Maine

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Maine’s increasing use of cell phone tracking as an investigative tool implicates important legal and constitutional questions that are evolving across the country.  Every cell phone transmits several types of information that, with varying degrees of accuracy, can be used to determine its location. Because so many people have cell phones, this information can be…

Family Business Succession: The Importance of Having a Plan

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By Rudman Winchell Attorney Jonathan P. Hunter Although the idea of the family business is firmly rooted in American culture, the survival rate for family businesses in America is startlingly low. Less than a third of family-owned businesses survive into the second generation. Twelve percent of family businesses make it to the third generation. Only…