Unlock the Power of Online Signature Legitimacy for Non-Solicitation Agreement in Australia

How to eSign a document: online signature legitimacy for Non-Solicitation Agreement in Australia

my name is James Eccleston as you know we're securities lawyers and we help Financial Advisors nationwide and a host of matters including helping them when they move from firm to firm as you may know reps typically sign employment agreements that contain non solicitation and non competition clauses and so when they move the question becomes what constitutes a solicitation in the good old days the question was whether a wedding card style announcement or a Christmas card constituted a solicitation and on balance most courts held that the mere announcement of a new position does not violate an on solicitation agreement fair enough in today's world however the modern solicitation involves LinkedIn Facebook and Twitter so the question we're often asked is how do we not get in trouble if we do something on one of those posts for social media it's an interesting dynamic because approximately a half dozen courts nationwide have already ruled on that issue they're not uniform and certainly state law needs to be considered in each and every case we do that but I want you to know that a mere announcement of a new position is okay the question is when that announcement crosses the line it becomes a sales pitch an interesting case occurred recently when the rep was faulted by a district court for making that announcement a sales pitch of course that triggered the non-solicitation agreement that triggered the injunction or trro and that of course gave the financial services firm a huge leg up essentially stalling the transition and allowing the reps of that firm to go ahead and try to take the reps business don't be that guy