Covenants Not to Sue v. Counterclaims to Invalidate: You Can’t Fire Me, I Quit

Hayden W. Gregory

©2013. Published in Landslide, Vol. 5, No. 3, January/February 2013, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

On November 7th, the U.S. Supreme Court heard oral arguments in Already, LLC d/b/a Yums v. Nike, Inc. As stated in Already’s successful petition for certiorari, the question presented is:

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