Practice Notes
199 practice notes and review checklists, grouped by topic family — jurisdiction-by-jurisdiction law notes, reviewer checklists, and AI-readiness notes. Search the index or filter by family. This is legal research, not legal advice.
199 of 199 pages match
Consumer Privacy Laws (51 states)
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Non-Compete Laws (67 jurisdictions)
- Alabama
- Alaska
- American Samoa
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Guam
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Northern Mariana Islands
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- U.S. Virgin Islands
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- Australian Capital Territory, Australia
- India
- New South Wales, Australia
- Northern Territory, Australia
- Philippines
- Queensland, Australia
- Singapore
- South Australia, Australia
- Tasmania, Australia
- Victoria, Australia
- Western Australia, Australia
Review Checklists (52 checklists)
Clause-by-clause reviewer checklists for draft agreements, with item counts and source-backed guidance.
- Non-Compete Agreement Review ChecklistA clause-by-clause reviewer checklist for employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement.
- Non-Compete Agreement Review Checklist — AlabamaA clause-by-clause reviewer checklist for Alabama employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Restrictive Covenant Act's void-by-default rule, safe-harbor categories, signature formalities, and professional exemption.
- Non-Compete Agreement Review Checklist — AlaskaA clause-by-clause reviewer checklist for Alaska employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Data Management reasonable-necessity test and Alaska's good-faith reasonable-alteration rule.
- Non-Compete Agreement Review Checklist — ArizonaA clause-by-clause reviewer checklist for Arizona employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Valley Medical Specialists v. Farber reasonableness test and Arizona's strict trim-only blue pencil, which strikes overbroad terms but never rewrites them.
- Non-Compete Agreement Review Checklist — ArkansasA clause-by-clause reviewer checklist for Arkansas employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Ark. Code Ann. § 4-75-101's protectable-interest test, two-year presumption, mandatory reformation, and physician ban.
- Non-Compete Agreement Review Checklist — CaliforniaA clause-by-clause reviewer checklist for California employee restrictive covenant agreements — Bus. & Prof. Code § 16600 voids non-competes and customer non-solicits by default, so the review screens for void clauses that create employer liability and checks the surviving confidentiality suite.
- Non-Compete Agreement Review Checklist — ColoradoA clause-by-clause reviewer checklist for Colorado employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under C.R.S. § 8-2-113's earnings thresholds, notice rule, and health-care provider ban.
- Non-Compete Agreement Review Checklist — ConnecticutA clause-by-clause reviewer checklist for Connecticut employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the common-law five-factor reasonableness test and Connecticut's occupation-specific statutes.
- Non-Compete Agreement Review Checklist — DelawareA clause-by-clause reviewer checklist for Delaware employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Court of Chancery reasonableness review, where recent decisions increasingly refuse to blue-pencil an overbroad covenant rather than rewrite it.
- Non-Compete Agreement Review Checklist — District of ColumbiaA clause-by-clause reviewer checklist for District of Columbia employee restrictive covenant agreements — the District bans non-competes for employees below an annually adjusted pay threshold and enforces a covenant against a highly compensated employee only if it clears strict scope, duration, and 14-day notice gates.
- Non-Compete Agreement Review Checklist — FloridaA clause-by-clause reviewer checklist for Florida employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Fla. Stat. § 542.335 and the 2025 CHOICE Act.
- Non-Compete Agreement Review Checklist — GeorgiaA clause-by-clause reviewer checklist for Georgia employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Georgia Restrictive Covenants Act's reasonableness standard, employee-category gate, and durational presumptions.
- Non-Compete Agreement Review Checklist — HawaiiA clause-by-clause reviewer checklist for Hawaii employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under HRS chapter 480's restraint-of-trade framework and the technology-business employee ban.
- Non-Compete Agreement Review Checklist — IdahoA clause-by-clause reviewer checklist for Idaho employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Idaho Code title 44, chapter 27's key-employee gate, eighteen-month safe harbor, and mandatory judicial modification.
- Non-Compete Agreement Review Checklist — IllinoisA clause-by-clause reviewer checklist for Illinois employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Illinois Freedom to Work Act (820 ILCS 90), including the earnings thresholds, consideration rule, and 14-day notice gate.
- Non-Compete Agreement Review Checklist — IndianaA clause-by-clause reviewer checklist for Indiana employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the common-law reasonableness test, the strict eraser blue pencil, and the layered physician statutes.
- Non-Compete Agreement Review Checklist — IowaA clause-by-clause reviewer checklist for Iowa employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Revere Transducers three-prong reasonableness test and Iowa's narrow occupation statutes.
- Non-Compete Agreement Review Checklist — KansasA clause-by-clause reviewer checklist for Kansas employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the four-factor Weber v. Tillman reasonableness test and the K.S.A. 50-163 non-solicitation safe harbors.
- Non-Compete Agreement Review Checklist — KentuckyA clause-by-clause reviewer checklist for Kentucky employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the common-law fair-protection standard, the Creech new-consideration rule for existing employees, and the temporary health-care staffing ban.
- Non-Compete Agreement Review Checklist — LouisianaA clause-by-clause reviewer checklist for Louisiana employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under La. R.S. 23:921's void-unless-excepted rule, parish-naming requirement, two-year cap, and occupation carve-outs.
- Non-Compete Agreement Review Checklist — MaineA clause-by-clause reviewer checklist for Maine employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under 26 M.R.S. § 599-A's wage-floor ban, disclosure duties, and delayed-effectiveness rule.
- Non-Compete Agreement Review Checklist — MarylandA clause-by-clause reviewer checklist for Maryland employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Md. Code, Lab. & Empl. § 3-716's worker-class voids, the clinician cap, and the Becker reasonableness test.
- Non-Compete Agreement Review Checklist — MassachusettsA clause-by-clause reviewer checklist for Massachusetts employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Noncompetition Agreement Act, G.L. c. 149, § 24L, and Massachusetts case law.
- Non-Compete Agreement Review Checklist — MichiganA clause-by-clause reviewer checklist for Michigan employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under MCL § 445.774a's reasonable-competitive-business-interest test and scope limits.
- Non-Compete Agreement Review Checklist — MinnesotaA clause-by-clause reviewer checklist for Minnesota restrictive covenant agreements — date-screening against the Minn. Stat. § 181.988 non-compete ban, then checking the confidentiality, non-solicit, and non-disparagement covenants that remain lawful.
- Non-Compete Agreement Review Checklist — MississippiA clause-by-clause reviewer checklist for Mississippi employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Texas Road Boring reasonableness balance, the Empiregas bad-faith-termination defense, and the Frierson and Cascio tolling split.
- Non-Compete Agreement Review Checklist — MissouriA clause-by-clause reviewer checklist for Missouri employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Copeland trade-secrets-or-customer-contacts test and the section 431.202 and 431.204 safe harbors.
- Non-Compete Agreement Review Checklist — MontanaA clause-by-clause reviewer checklist for Montana employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Mont. Code Ann. § 28-2-703, where absolute restraints are void and only reasonable partial restraints survive.
- Non-Compete Agreement Review Checklist — NebraskaA clause-by-clause reviewer checklist for Nebraska employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Nebraska's three-part reasonableness test, where a customer covenant survives only when limited to customers the employee personally served and no court will rewrite an overbroad restraint.
- Non-Compete Agreement Review Checklist — NevadaA clause-by-clause reviewer checklist for Nevada employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under NRS 613.195's four-part test, hourly-worker ban, volunteer-customer carve-out, and mandatory judicial revision.
- Non-Compete Agreement Review Checklist — New HampshireA clause-by-clause reviewer checklist for New Hampshire employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under RSA 275:70's pre-acceptance notice rule, the RSA 275:70-a low-wage ban, and the three-part reasonableness test.
- Non-Compete Agreement Review Checklist — New JerseyA clause-by-clause reviewer checklist for New Jersey employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Solari/Whitmyer three-part reasonableness test, the occupational bars, and the discrimination-claim concealment rule.
- Non-Compete Agreement Review Checklist — New MexicoA clause-by-clause reviewer checklist for New Mexico employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Lovelace reasonableness test, the Piano consideration rule, and the § 24A-4-2 health-care practitioner ban.
- Non-Compete Agreement Review Checklist — New YorkA clause-by-clause reviewer checklist for New York employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the common-law BDO Seidman reasonableness test and New York case law.
- Non-Compete Agreement Review Checklist — North CarolinaA clause-by-clause reviewer checklist for North Carolina employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Whittaker five-element test, the § 75-4 signed-writing rule, and the strict blue-pencil doctrine.
- Non-Compete Agreement Review Checklist — North DakotaA clause-by-clause reviewer checklist for North Dakota restrictive covenant agreements — N.D.C.C. § 9-08-06 voids non-competes and customer non-solicits, so the review screens for void restraints and then checks the confidentiality, trade-secret, and anti-raiding clauses that survive.
- Non-Compete Agreement Review Checklist — OhioA clause-by-clause reviewer checklist for Ohio employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Raimonde reasonableness test, with discretionary reformation and litigation tolling in view.
- Non-Compete Agreement Review Checklist — OklahomaA clause-by-clause reviewer checklist for Oklahoma restrictive covenant agreements — screening void non-competes under 15 O.S. § 217, fitting customer non-solicits to § 219A's direct-solicitation shape, and checking the surviving confidentiality and anti-raiding suite.
- Non-Compete Agreement Review Checklist — OregonA clause-by-clause reviewer checklist for Oregon employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under ORS 653.295's notice rule, salary threshold, 12-month cap, garden-leave path, and the 2025 medical-licensee ban.
- Non-Compete Agreement Review Checklist — PennsylvaniaA clause-by-clause reviewer checklist for Pennsylvania employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Socko four-part test, the new-consideration rule for mid-employment covenants, and Act 74's health care restrictions.
- Non-Compete Agreement Review Checklist — Rhode IslandA clause-by-clause reviewer checklist for Rhode Island employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the ch. 28-59 worker-category bans, the physician and APRN practice-restriction statutes, and strict common-law reasonableness.
- Non-Compete Agreement Review Checklist — South CarolinaA clause-by-clause reviewer checklist for South Carolina employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the five-factor common-law reasonableness test, where an overbroad covenant fails whole and no court will narrow or reform it.
- Non-Compete Agreement Review Checklist — South DakotaA clause-by-clause reviewer checklist for South Dakota employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under SDCL 53-9-11's statutory whitelist, the two-year and specified-area limits, the existing-customer rule, and the healthcare practitioner provision.
- Non-Compete Agreement Review Checklist — TennesseeA clause-by-clause reviewer checklist for Tennessee employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Hasty reasonableness test and the 2026 statute that voids non-competes below $70,000 and presumes long time restraints unreasonable.
- Non-Compete Agreement Review Checklist — TexasA clause-by-clause reviewer checklist for Texas employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Tex. Bus. & Com. Code § 15.50's ancillary-agreement test, mandatory reformation, and the physician and health-care-practitioner buyout rules.
- Non-Compete Agreement Review Checklist — UtahA clause-by-clause reviewer checklist for Utah employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Post-Employment Restrictions Act's one-year cap, employer fee-shifting, and the 2026 healthcare and veterinarian bans.
- Non-Compete Agreement Review Checklist — VermontA clause-by-clause reviewer checklist for Vermont employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Andrus reasonableness test and its Restatement (Second) of Contracts § 188 framing, with Vermont's profession-specific covenant bars.
- Non-Compete Agreement Review Checklist — VirginiaA clause-by-clause reviewer checklist for Virginia employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Va. Code § 40.1-28.7:8's low-wage ban and Virginia's strict common-law reasonableness test.
- Non-Compete Agreement Review Checklist — WashingtonA clause-by-clause reviewer checklist for Washington employee restrictive covenant agreements — earnings thresholds, disclosure and consideration timing, layoff pay, and the 2027 ban under chapter 49.62 RCW.
- Non-Compete Agreement Review Checklist — West VirginiaA clause-by-clause reviewer checklist for West Virginia employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under the Reddy reasonableness framework, where a facially unreasonable covenant is void with no judicial narrowing and physician covenants are capped at one year and thirty road miles.
- Non-Compete Agreement Review Checklist — WisconsinA clause-by-clause reviewer checklist for Wisconsin employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Wis. Stat. § 103.465, where an overbroad term voids the covenant in full and no court will narrow it.
- Non-Compete Agreement Review Checklist — WyomingA clause-by-clause reviewer checklist for Wyoming employee restrictive covenant agreements — confidentiality, non-solicits, non-competes, and non-disparagement under Wyo. Stat. § 1-23-108 and Wyoming case law.
AI in Hiring & Screening (7 notes)
Using AI to screen, rank, or decide on people — and the discrimination, notice, and bias-audit rules that follow.
- Can AI make hiring decisions?
- AI hiring law compliance across NYC, Illinois, and Colorado
- Adverse-action procedures when AI drives the decision
- Defensible bias audits for HR AI tools
- Disparate impact from AI-skill requirements
- Disparate impact from AI-driven performance review
- State laws on employer AI monitoring
AI-Driven Layoffs & Restructuring (6 notes)
Restructuring when AI changes the work — WARN notice requirements, redundancy analysis, and documentation.
- WARN Act exposure in AI-driven workforce reductions
- AI-driven layoffs: without cause or redundancy in U.S. employment law
- Proving redundancy for AI-replaced roles across the EU, UK, Canada, and Australia
- Contractor displacement on AI-efficiency grounds
- Business rationale documentation for AI-driven layoffs
- Retention bonuses under competitor AI pressure
AI Use Policies & Employee Mandates (3 notes)
What an acceptable-use policy must cover, and the risks of requiring employees to use AI tools.
AI Vendors, Data & Privilege (9 notes)
Contracting with AI providers — data retention and residency, privilege, trade-secret leakage, indemnities, and lock-in.
- Cross-provider zero-data-retention commitments
- Data residency options for AI-assisted legal review
- Prompt-logging exceptions by provider
- Privilege risk when legal teams use external AI vendors
- Trade-secret leakage into public AI models
- Hallucination indemnification in AI vendor contracts
- Vendor lock-in risk in AI service agreements
- AI vendor evaluation as an executable skills file
- Token economics for legal teams
Working with Outside Counsel (4 notes)
Working with and transitioning between outside counsel — files, work product, and privilege across the handoff.