re: Nielsen looking less likely per Jane Slater

quote:

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Do you think there might be some type of geography clause that Nielsen can’t coach within a certain amount of miles from NO?

Would that language apply to a college team?

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So in order for a non-compete to be enforceable in the case of Nielsen, you have to check 2 primary boxes:


First, the non-compete needs a geographical limitation. And second, the non-compete cannot be enforceable for more than 2 years after termination of employment. The geographical limitation must itself meet two requirements: (1) It must be limited to a specific parish or group of parishes which must be specified in the agreement; and (2) such parishes must be parishes in which the employer actually caries on the same type of business purported to be limited by the agreement.


As for the geographic limitation: Considering the work that Nielsen does for the saints (coaching), i think you'd have a hard time satisfying the requirement that the employer engage in that business in EBR. If the NFL had some type of minor leagues and the saints had a minor league team based in EBR then you could *maybe* make such an argument, but as for the business of running/coaching a football team, it's pretty clear that the Saints don't engage in that business in EBR.


I really cant imagine that there would be a way for the saints to draft a non-compete that would allow it to be enforceable against LSU in this circumstance.


ETA: to be clear, this isn't stuff that I do in my day job, though I do know a bit about it.