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Fighting over WordsLanguage and Civil Law Cases$
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Roger W. Shuy

Print publication date: 2008

Print ISBN-13: 9780195328837

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780195328837.001.0001

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Conditions of a Key Employee Agreement

Conditions of a Key Employee Agreement

EMC Corporation v. Jeffrey E. Allen

Chapter:
(p.29) CHAPTER 3 Conditions of a Key Employee Agreement
Source:
Fighting over Words
Author(s):

Roger W. Shuy (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195328837.003.0004

Key employee agreements, sometimes required of high-level employees, often restrict employees from establishing relationships with competing companies for specified periods of time after they leave the company. This is called a noncompetition agreement. In this case, the agreement specified what was meant by competition: “ownership interest amounting to at least 1% in the competing enterprise, an officership, directorship, or other policy-making position in the competing enterprise.” Semantics and syntax analysis, including grammatical scope, the semantic meaning of “other,” and intonation were used to help resolve the ambiguity found in this agreement.

Keywords:   key employee agreement, noncompetition, semantics, syntax, intonation, ambiguity

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