A Non-Competition Agreement, also known as a covenant not to compete, or non compete agreements, are promises by an employee not to compete with his or her employer for a specified time in a particular place. A Non-Competition Agreement, also known as a non compete agreement, is a separate contract that usually accompanies and is executed simultaneously with an employment agreement.

Non-Compete Agreements are enforceable if the employer proves it has a legitimate business interest to protect by restricting its employees’ right to compete against it, if the restriction on the employee’s right to compete is no greater than that necessary to protect the employer’s business interest, and the covenant is supported by consideration, meaning that the employee received something in exchange for it. They are not enforceable if they do not support a legitimate business interest or if the time and territorial scope of the limitation on competition are overly broad. A legitimate business interest could be the employer’s desire to prevent an employee from taking advantage of “confidential” information acquired as a result of his or her employment, such as client lists, methods of production, or other trade secrets.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com, the first online practice guide for the national litigator and the national litigation practice.

Popularity: 4% [?]

It wasn’t that long ago that there were only a handful of ways one could surf the Internet. As recently as 2002, Microsoft’s Internet Explorer had close to 90% penetration, which meant that web pages really only had to be coded for that one browser. Today, Mozilla Firefox, Google Chrome and Opera are taking bites out of Microsoft’s dominance, and now, there is a new tool that can be used to surf the Internet, reach out to clients and more. Smart phones are phones that have Internet access and can browse web pages, but is your website ready for this new innovation? Let’s take a look at how Smart Phones are changing the world of business in the 21st century.

Since Smart Phones make web browsing a portable endeavour, it also means that email is now portable, as well. You no longer have to call someone on their cell to reach them when they are away from their desk, which means that the world of business is speeding up. More business is now able to get done from more locations than ever before, which means longer hours, more stress and more pressure to perform than ever before.

Not only do Smart Phones make the world of business smaller, they may eliminate the centralized business office forever. It is no secret that more and more people are working from home than ever before and now that Smart Phones make working away from a desk easier than ever, there isn’t much of a reason to have a desk in the first place. As technology improves, teleconferencing, video phone calls and other applications will make offices even more irrelevant. Soon, the idea of “going into work” may seem as antiquated as rotary dial telephones.

One of the biggest obstacles that any office environment must face is communication. Management in some offices have gotten rid of cubicle walls so that coworkers can speak freely and share information to increase productivity, and there is no reason to think that Smart Phones can’t have the same kind of impact. At its heart, a Smart Phone is a communication device, but it also so much more. The iPhone, for instance, is packed with productivity software, communication tools and ways to share information like never before. If any creation can help an office stay in touch with each other, it is a Smart Phone.

Finally, Smart Phones like the iPhone may finally help the entire business community communicate in the same language. Just like the battle between Mac and PC has been raging in high schools and college classrooms around the world, businesses have been choosing sides, as well. For businesses that pick the iPhone over other Smart Phones, a switch to a Mac-based office is almost guaranteed. The real question will be which of the Smart Phones will become the business standard. The winner may help to write the next fifty years of business technology from sea to shining sea.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com, the first online practice guide for the national litigator and the national litigation practice.

Popularity: 15% [?]

The iPhone has become the hottest new business tool since its introduction only a few short months ago. It remains to be seen if the iPhone will replace the erstwhile Blackberry as the business communication tool of choice, but the following red hot iPhone business applications are doing their part to woo over the office crowd.

Contact Hero - Let Contact Hero be the content management app you’ve been looking for! Upload your contacts from Hotmail, Yahoo, Outlook and lots of other sources and Contact Hero has the mind to organize them all, merge them and present them in an easy to use way. It is the ultimate address book organizer for someone with business contacts spread out over multiple platforms.

Currency Convert - Imagine having the power to go between 23 major currencies with real time updating rates and a simple to use one touch interface? Wonder no more, Currency Convert can do it all when it comes to converting your currency.

JustAddMoney Expense Tracker - This is an incredibly neat tool that will allow for groups of people to keep track of just how much money they are spending, all in one phone. Best of all, you can instantly email your record back to the home office so they know just where their money is going.

Goal Tracker - While this may sound like a soccer application, it is actually an ingenious application that can help you keep track of your goals. You can update your status and build pathways to achieving your goal. It can also be a great motivational tool to keep people on task.

ACTPrinter - Save a forest of trees with this cutting edge business app. Save documents to your iPod or to your iPhone so you can take them with you without printing them out and wasting paper.

iBeam - Send documents, photos or anything else from iPhone to iPhone in seconds with iBeam. This app lets you transmit just about anything you like to anyone else, and you don’t need to connect up with cords or any kind of hardwired connection. Make sending documents easier than ever with iBeam.

Task2Gather - Keep track of all of your tasks that you have assigned to yourself and ones you have assigned to others. This is the perfect app for any manager who is responsible for a team of people. It will help you stay organized and on top of all of your responsibilities.

TouchCall - Don’t get caught without the right phone number ever again with TouchCall. This program will automatically search the web for any business you list in your phone and then you can call it with a single touch. Phone books are now officially obsolete.

Ledger - This is an excellent application for your accountant or for anyone on a business trip. You can instantly keep track of expenses and figure out just who is spending more than they should. You can even use Ledger to balance your check book, which makes it suitable for home use, as well.

TimeWerks - Who knew you could carry your company time clock on a portable phone? Have folks punch in and out, keep track of hours and more with this innovative new tool.

Popularity: 10% [?]

The New Year presents a chance for every business owner to set a new set of realistic and reachable goals for the coming year. No matter how bright or how gloomy your business outlook is, there are simple things you can do to branch out, reach new clients and grow in ways you never thought possible.

Increase productivity - The goal of every business on every day should be to increase or improve productivity. This can be accomplished in a thousand different ways. You can create short term goals for your workers and attempt to limit distractions. This is one part of your job where you can let your creativity run wild. Often times, when it comes to productivity, the more innovative your solutions, the better.

Take more chances - With some business owners, the fear of failure often serves as a demotivator when it comes to taking chances, but for your company to grow in new ways, you may have to get over the fear that is holding you back. Evaluate the different ways you can branch out and push ahead with an avenue that you never seriously considered before. Sometimes, you have to jump in the deep end to learn how to swim.

Make work fun - If you own your own business and you aren’t having fun, why exactly are you bothering? It is true that owning and running your own business can give you headaches once in a while, but it should be the experience of a lifetime and it is your job to make the rest of your people feel the same way. Productivity will increase, people will be happier and work will be a better place for everyone.

Explore unique advertising options - Every year, innovative businesses figure out exciting new ways to advertise and spread the word about what they do. It is time you took on an exciting new advertising opportunity that has the potential to really pay off.

Increase your online presence - No matter what line of business you are in, the future is the Internet. If you already have a strong web presence, consider upgrading your servers or streamlining your checkout system so that shopping on your site is easier than ever.

Talk to your customer base - Chances are, if you’ve been in business for a while, you have a dedicated core of followers that love what you do. Take some time and talk to them and find out what they want to see improved, changed or fixed. You may find out that people are expecting something completely different from you than what you are already providing.

Find your biggest weakness - Talk to your employees and find out what one single aspect of your business is the most disappointing and resolve to turn your biggest weakness into a strength. This can also be used as a great motivational tool.

Open up permanent two way communication - While most businesses are run by a single individual or a team of like minded individuals, the feedback you can get from the people on the front lines in invaluable. Do your best to open a permanent line of communication between management and everyone else to see what really needs your attention.

Study your competitors - If you can, talk to customers that have chosen your competitors over you and find out why. You can’t make everyone happy all the time, but if you begin to see patterns emerging, you’ll know exactly where to apply a new coat of paint.

Scour government programs - The US government is known for providing grants and low interest loans to businesses in every field imaginable, but these programs change every year. You may not have qualified under the previous administration, but you may now. That money could be used as seed money for an expansion or anything else your business sorely needs.

Popularity: 7% [?]

Did you know that by legally spying on your competition you can find some new and potentially ground breaking marketing ideas for your own business? It’s true, and in most cases, it’s completely legal.

You should be looking at your business from the customer’s point of view - that is looking at your business as a client would. What’s more important than that is looking at your business from the outside - looking for new trends in the market, new ideas and new ways to advertise and market your business.

One way to look at your competition legally is to purchase goods and services from them. This is pretty basic, and you can learn how they up sell, cross sell and what back end products and services they offer - just by getting these services yourself. This is an incredibly easy way to stay on top of your competition and learn how their kicking butt in the market place. This is perfectly legal and offers you the opportunity to look at their business from a client’s perspective, and as a result, it helps you understand how your business looks to your clients as well.

You should be able to answer a few questions about your industry at any given time:

• Who is doing something amazing in your industry that is really grabbing customers?
• What does your competition do for marketing and advertising?
• What is your competition doing that is really shaking things up and making a difference to their bottom lines?

The best thing you can do is to find something that already works and then improve on it with a different spin and better marketing. That’s all it takes - personalizing someone else’s great idea and making it your own. By doing this, you are increasing your business by doing something that someone else has already proven works - by personalizing it, you aren’t copying your competition, you’re expanding on an idea and making it your own.

Major businesses do this every day - purchase their competition’s products and services, learning how they market themselves to customers, how they up-sell their products, the back end products and services they sell that complement the original products and services and how clients perceive the business.

Looking at your competition as a client will open your eyes to your own business through the eyes of your own clients. It is likely that your competition is reading this article too, and might be doing the same thing - spying on you and your marketing ideas to learn from your successes.

Legally spying on your competition is a tale as old as time - all major corporations do this. It’s one of the major reasons competing companies have similar products. Look at the two big soda companies - Coke and Pepsi, for example. How is it that they both came up with the idea for a product that has zero calories yet tastes like regular soda? One followed the other, certainly. One company then took the idea and expanded on it by adding something to the zero calorie drink. Now, the original company can take that idea and expand on it as well, and the circle of business continues.

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 4% [?]

For some people, the thrill of the negotiation is akin to the thrill the rest of us receive on a giant roller coaster. When asked why they majored in business, droves of successful businessmen routinely answer, “to negotiate.” The key, of course, to successful negotiating is knowing when you have your opponent on the ropes. Being able to tell if someone is lying is important if you are a judge, a poker player or a Fortune 500 Company CEO. Let’s take a look at some aspects of lying that can give you the upper hand at the negotiating table.

There are two types of business negotiations, casual and intense. A good negotiator knows how to look for tells in both kinds of negotiations, and there are quite a few things that show up no matter what. The first, and the most clichéd, is a nervous tick of some sort that the opponent doesn’t even realize he or she is doing. It could be taking a drink of water, touching their ear, a funny sounding laugh, anything. It is your job to look for patterns to find behaviors that the person across from you is doing over and over again.

Another revealing point that many people have is using extreme sarcasm when asked a question. Instead of simply saying no, or telling you that their company wouldn’t possibly do that, their voice raises several octaves and they feign surprise or use exaggerated body language. If you listen closely when this happens, they seldom deny the accusation you just made. They instead choose to make light of it. This is a common tell that most people don’t even realize they are making.

Sudden changes in posture or facial expressions are often common aspects of lying. If the person on the other side of the table tells you something than suddenly crosses their arms and sits back while dramatically exhaling, it could simply mean that they are tired and in need of a break, but if this behavior happens several times during a single negotiation, it could be a sign that he or she is lying.

Probably the most reliable sign that someone is lying is a sudden increase in anger or defensiveness. It is the most common physical manifestation of lying since it is natural for the liar to try to deflect or project their insecurities on to the person that they are speaking with. If you notice a sudden outburst or a sudden accusation lobbed at you for no apparent reason, that’s a good sign that they are lying. If a negotiation does this on a regular basis, it is safe to assume they aren’t very good at their jobs.

Finally, if you feel like you’ve gotten into a negotiation with a seasoned pro, you might have to look for tiny tells like blinking or the amount of perspiration the other person is doing. A good negotiator knows their own signs and learns to cover them up. Ask any frequent poker player - a tell can ruin your hand or your negotiation in a heartbeat.

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 39% [?]

With the free falling American dollar and a full blown recession right around the corner, more and more people are looking for ways to recession proof their business. While there is no magic wand to instantly get the job done, there are some tried and true methods you can use that will lessen the chances of your business going under as the economy gets worse.

Diversify & find a niche

The first two steps go hand in hand. First, your company should attempt to diversify what they do. If you offer a product, try to broaden the appeal of that product and sell different versions or different uses for it. No one expects you to come up with these ideas all by yourself. You can create a contest amongst your employees where they try to come up with ways of diversifying your product line or services or, better yet, go directly to the source and ask your customer base. You can use your company website or you can toss in a comment card in with every order send out. Find out what the public wants from you and simply follow suit.

Taking that thought process a step farther, if you can find a niche group to market to, you might be permanently recession proof. Many food retailers have faced the prospect of either going under or discovering a niche, so they began making all natural, organic products, and quicker than they could turn around, the money began rolling in. The same has worked for clothing manufacturers who went back to hand sewn, organically grown cotton garments and their business tripled overnight. It is up to you, your staff and even your customer base to come up with a niche product you can make a profit off of, but the possibilities really are limitless.

Concentrate your business online

With gas prices at or near all time highs, fewer and fewer people are headed to the mall to buy the products they need. They are, instead, turning to the Internet and leaving the driving, and gas usage, to the US Postal Service. If your company doesn’t have a website, get one quick. If it does have a website that isn’t pulling in the business it should, check into optimizing your webpage with a redesign and with search engine optimized text. Your web page will rank higher in various search engines and your snappy new redesign will help to rebrand your product, as well. Online shopping has nowhere to go but up. You don’t want to miss that gravy train as it leaves the station.

Redouble your efforts on the service front

If you don’t have the ability to create new products to help diversify your product line, you can make an effort to give better service every step of the way. People will go out of their way to pay more if they feel that they are being treated with respect and dignity by their favorite retailer. You may have to fire and hire new people and you might even have to pay more in salary, but what good is a business if it has a terrible reputation?

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 6% [?]

In 100 years, we’re all going to look back on this period we’re living through right now and laugh. It will seem startling that we survived this technological infancy that we find ourselves in. Websites today will be in the Smithsonian next to the first printing press and the first television. Even the most respected voices in online technology are still learning the very basics of how we, as a species, communicate through web sites. We take bits and pieces from successful ones and then try to duplicate that success with additional innovations. If you could zoom out from the Internet, it would likely look like a giant stack of Jenga blocks wobbling too and fro. Let’s take a closer look at some common websites mistakes and how you can avoid them.

Short attention span theatre

If there is one truth about the Internet, it is that the average web browser has the shortest attention span ever recorded. This means that you have a second, possibly two, to capture the attention of someone who stumbles upon your companies webpage. There are several things you can do to capture a person’s attention, but the most important thing to remember is that it is impossible to capture everyone’s. If you can get one out of every 20 people who click onto your webpage to stick around and do some exploring, you are way ahead of the field. Think of it as people strolling past your store front window on 5th Avenue in Manhattan. No matter how good your product is, you can’t bring in everyone. You do, however, want to capitalize on those that venture inside.

The Internet is powered by content

There is a reason why websites like ESPN.com, CNN.com and similar sites constantly change their front page stories. It isn’t because new and exciting news has broken and continues to break throughout the day; it is the idea of something new being available for consumption. No matter what your website sells or does, you must provide a new reason for people to visit as frequently as possible. It doesn’t matter if you are showcasing new sales, blogging about the impact of your product or service or simply changing up the look of your page, if you don’t give the public a reason to keep you in mind, they won’t.

Don’t overdo it

Most new pages that attempt to make a big splash on the Internet do so by attempting to cram as much new technology, streaming video, audio, Java applets and everything else to create an online experience you won’t forget. While the initial hurdle of having too slow a connection for any of that technology to work has been largely overcome, not everyone needs to multitask and do a dozen things at once. Yes, having bells and whistles can be a good way to attract users initially, but there has to be content and relevance to back up the flash. Even video game websites have blogs that talk about the video game industry and lists of products and services users can buy.

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 6% [?]

It is no secret that marketing is one of the most important parts of today’s businesses world. The average person may not realize how much Hollywood studios, computer software companies and fast food restaurants spend on marketing every year, but it is safe to say that it is often more than development. Some big budget films now have 70-100 million dollar budgets just for marketing, an unheard of amount even 10 years ago. However, even with all this money and supposed expertise, some marketing campaigns fall flat on their face. Let’s take a look at a few common sense tips companies can follow to get the most out of their next marketing campaign.

Ignore the web at your own risk

While Arizona Senator John McCain happily announces that he not only doesn’t know how to use a computer but that he’s never been on the Internet before, he is not representative of the overwhelming majority of the American population. More and more people are not only working online, they are entertaining themselves online and the television is being pushed into the background. Not only is advertising online often cheaper than more conventional methods of advertising, but you reach the most coveted demographic online, as well, males 15-39. Granted, if you are selling life insurance and burial plots, you might want to reduce your online marketing budget, but if you are selling any other product or service in the world, the best bang for your buck is going to be in cyberspace.

Treat your audience with respect

It doesn’t matter if you are selling sugar cereal to 9 year olds or if you are selling the new Coldplay CD to teenagers and adults, people across the board are smarter today than ever before. The quickest way you can alienate a potential audience is by either talking down to them or insulting their intelligence. That’s not to say that you need to have a highbrow advertising and marketing campaign that would fit into the pages of the New Yorker; it simply means that if you make outrageous and incredible claims about your product or service, it had better live up to expectations. The days of the snake oil salesman are numbered.

Avoid blanket marketing

One of the most amazing occurrences in the cable television age is how fragmented and niche we’ve all become. It use to be that there were only a handful of networks(3 major ones + PBS), and if you wanted to run a television commercial, you tried to make it appeal to as many people as possible. The days of blanket marketing are long dead, however. Today, we have hundreds of channels, thousands of magazines and millions of websites. You are far better off creating a dozen marketing angles for your product that you can niche market to different groups to try to reach as many people as possible. Yes, it will take extra time and yes, it will take extra money, but if you don’t, your marketing campaign is likely to be dead on arrival.

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 6% [?]

If there is one universal truth about today’s business world, it is that the overwhelming majority of people hate meetings. Not only are meetings seen as a waste of time, they can be difficult to organize, divisive and incredibly boring. While there is no magic formula in place to make meetings fun, there are a few things you can do to help lessen the dread that most people have for them.

In every office there are tiers of people: managers, supervisors and workers. This caste system is most apparent in meetings. Depending on the work environment you have, meetings can get absolutely nasty, with groups of people taking sides, hurling insults and simply acting unprofessional. If you want meetings to actually accomplish something, you need to set up strict rules of decorum that have penalties if broken. If someone is forced to sit through a meeting, then their opinions and feedback should be taken seriously and not belittled or mocked. The worst feeling any business professional can have at work is to have their thoughts stomped on by a superior in front of all of their peers. You will notice a huge uptick in productivity and moral if you make meetings a “respect zone.”

Since we are talking about efficient meeting strategies, the one change that most people would make to their current situation would be to significantly reduce the number of meetings they have each day. Some offices attempt to have three hours or more of meetings each day, even during their busiest season. Phones go unanswered, messages pile up, email gets hopelessly backlogged and then these same people are condemned when they don’t seem to get anything done. Try to explore alternatives to meetings. Try to compact everything you were planning to talk about in your meeting as much as possible. The less time you spend talking about work and sales goals, the more time you can spend meeting them.

If you can afford the extra cost, try to provide an incentive for prompt meeting attendance. If you can provide a fresh pot of coffee and a plate of muffins or Danish, you will notice that people will run to meetings and they might actually seem happy to be in one. It serves as a great moral boost and quietly communicates to your people that you understand that meetings aren’t a lot of fun but we, as a company, are trying to make things a little more palatable to you. You would be surprised what a plate of muffins can do.

If meetings are scheduled at the end of the day or at the beginning, have your meeting room set up so that folks can teleconference from home. We all have high speed connections these days and most of us own microphones and webcams. Set up a secure server so that your people can attend the meeting from a remote location. Of course, you might want to emphasize that they won’t be receiving any refreshments, but having remote meeting attendance available will likely help office moral more than anything.

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 3% [?]