Employment Contracts

Labor and Employment | Contracts

We draft and negotiate employment agreements, offer letters, separation agreements, and executive compensation arrangements that protect employer interests while attracting and retaining talent.

Overview

Structuring Employment Relationships

Employment contracts establish the terms of employment relationships. MC Law's Employment Contracts practice helps employers structure agreements that attract talent, protect business interests, and minimize legal risk.

Offer Letters and Employment Agreements

We draft offer letters and employment agreements that establish clear terms while preserving at-will employment where appropriate. We address compensation, benefits, duties, term, and termination provisions.

Executive Employment Executive agreements require special attention. We draft and negotiate CEO and senior executive agreements addressing compensation, equity, benefits, termination provisions, and post-employment obligations. We balance competitive terms with appropriate protections. Restrictive Covenants Protecting business interests requires enforceable restrictions. We draft non-compete, non-solicitation, and confidentiality provisions tailored to applicable state law and legitimate business needs. We advise on enforceability and appropriate scope. Separation Agreements Employee departures require careful documentation. We draft separation agreements that provide releases, address post-employment obligations, and comply with OWBPA and other requirements. We negotiate favorable terms for departing executives. Independent Contractor Agreements Contractor relationships need proper structuring. We draft independent contractor agreements that establish appropriate terms while supporting classification positions. We address IP assignment, confidentiality, and termination. International Arrangements Global employment involves additional complexity. We advise on international employment agreements, expatriate arrangements, and cross-border employment issues. We coordinate with local counsel on country-specific requirements.

Frequently Asked Questions

Key terms include job duties, compensation and benefits, at-will or fixed-term status, confidentiality obligations, intellectual property assignment, restrictive covenants, termination provisions, and dispute resolution mechanisms.

Enforceability varies significantly by state. Most states require reasonable limitations on duration, geographic scope, and restricted activities. Some states like California largely prohibit non-competes, and federal regulation of non-competes continues to evolve.

Executive agreements typically include enhanced compensation packages, equity or incentive provisions, change-in-control protections, severance arrangements, expanded restrictive covenants, and bespoke termination provisions beyond standard employment terms.

Offer letters are simpler documents suitable for standard positions. Formal agreements are advisable for executives, key employees, roles involving significant IP or trade secrets, and positions requiring robust restrictive covenants.

Separation agreements typically include severance payment terms, a general release of claims, confidentiality provisions, non-disparagement clauses, cooperation obligations, and confirmation of post-employment restrictive covenants. They must comply with OWBPA requirements for employees over 40.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.

Related Matters

StreamCo v. ContentPirate Networks

Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.

Venue: C.D. Cal.Result: Favorable Settlement
PhotoArt LLC v. Social Media Giant

Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.

Venue: S.D.N.Y.Result: $2.4M Judgment
GameDev Studios v. CopyCat Apps

Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.

Venue: N.D. Cal.Result: Preliminary Injunction
MusicPublisher Inc. v. AI Training Corp

Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.

Venue: D. Del.Result: Licensing Agreement
SoftwareCo v. Former CTO

Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.

Venue: E.D. Tex.Result: Summary Judgment
University Press v. Document Sharing Site

Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.

Venue: D. Mass.Result: Default Judgment

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