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  • A Bite With No Teeth&ndash;Demystifying Non-Compete Clauses

    - by D'Arcy Lussier
    *DISCLAIMER: I am not a lawyer and this post in no way should be considered legal advice. I’m also in Canada, so references made are to Canadian court cases. I received a signed letter the other day, a reminder from my previous employer about some clauses associated with my employment and entry into an employee stock purchase program. So since this is in effect for the next 12 months, I guess I’m not starting that new job tomorrow. I’m kidding of course. How outrageous, how presumptuous, pompous, and arrogant that a company – any company – would actually place these conditions upon an employee. And yet, this is not uncommon. Especially in the IT industry, we see time and again similar wording in our employment agreements. But…are these legal? Is there any teeth behind the threat of the bite? Luckily, the answer seems to be ‘No’. I want to highlight two cases that support this. The first is Lyons v. Multari. In a nutshell, Dentist hires younger Dentist to be an associate. In their short, handwritten agreement, a non-compete clause was written stating “Protective Covenant. 3 yrs. – 5mi” (meaning you can’t set up shop within 5 miles for 3 years). Well, the young dentist left and did start an oral surgery office within 5 miles and within 3 years. Off to court they go! The initial judge sided with the older dentist, but on appeal it was overturned. Feel free to read the transcript of the decision here, but let me highlight one portion from section [19]: The general rule in most common law jurisdictions is that non-competition clauses in employment contracts are void. The sections following [19] explain further, and discuss Elsley v. J.G. Collins Insurance Agency Ltd. and its impact on Canadian law in this regard. The second case is Winnipeg Livestock Sales Ltd. v. Plewman. Desmond Plewman is an auctioneer, and worked at Winnipeg Livestock Sales. Part of his employment agreement was that he could not work for a competitor for 18 months if he left the company. Well, he left, and took up an important role in a competing company. The case went to court and as with Lyons v. Multari, the initial judge found in favour of the plaintiffs. Also as in the first case, that was overturned on appeal. Again, read through the transcript of the decision, but consider section [28]: In other words, even though Plewman has a great deal of skill as an auctioneer, Winnipeg Livestock has no proprietary interest in his professional skill and experience, even if they were acquired during his time working for Winnipeg Livestock.  Thus, Winnipeg Livestock has the burden of establishing that it has a legitimate proprietary interest requiring protection.  On this key question there is little evidence before the Court.  The record discloses that part of Plewman’s job was to “mingle with the … crowd” and to telephone customers and prospective customers about future prospects for the sale of livestock.  It may seem reasonable to assume that Winnipeg Livestock has a legitimate proprietary interest in its customer connections; but there is no evidence to indicate that there is any significant degree of “customer loyalty” in the business, as opposed to customers making choices based on other considerations such as cost, availability and the like. So are there any incidents where a non-compete can actually be valid? Yes, and these are considered “exceptional” cases, meaning that the situation meets certain circumstances. Michael Carabash has a great blog series discussing the above mentioned cases as well as the difference between a non-compete and non-solicit agreement. He talks about the exceptional criteria: In summary, the authorities reveal that the following circumstances will generally be relevant in determining whether a case is an “exceptional” one so that a general non-competition clause will be found to be reasonable: - The length of service with the employer. - The amount of personal service to clients. - Whether the employee dealt with clients exclusively, or on a sustained or     recurring basis. - Whether the knowledge about the client which the employee gained was of a   confidential nature, or involved an intimate knowledge of the client’s   particular needs, preferences or idiosyncrasies. - Whether the nature of the employee’s work meant that the employee had   influence over clients in the sense that the clients relied upon the employee’s   advice, or trusted the employee. - If competition by the employee has already occurred, whether there is   evidence that clients have switched their custom to him, especially without   direct solicitation. - The nature of the business with respect to whether personal knowledge of   the clients’ confidential matters is required. - The nature of the business with respect to the strength of customer loyalty,   how clients are “won” and kept, and whether the clientele is a recurring one. - The community involved and whether there were clientele yet to be exploited   by anyone. I close this blog post with a final quote, one from Zvulony & Co’s blog post on this subject. Again, all of this is not official legal advice, but I think we can see what all these sources are pointing towards. To answer my earlier question, there’s no teeth behind the threat of the bite. In light of this list, and the decisions in Lyons and Orlan, it is reasonably certain that in most employment situations a non-competition clause will be ineffective in protecting an employer from a departing employee who wishes to compete in the same business. The Courts have been relatively consistent in their position that if a non-solicitation clause can protect an employer’s interests, then a non-competition clause is probably unreasonable. Employers (or their solicitors) should avoid the inclination to draft restrictive covenants in broad, catch-all language. Or in other words, when drafting a restrictive covenant – take only what you need! D

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  • New Virtual Compute Appliance Videos

    - by Cinzia Mascanzoni
    Watch the latest Virtual Compute Appliance videos to aid your conversations with partners and customers! Virtual Compute Appliance Flash demo shows your customers and partners the business benefits. VCA Product demo. Tier1 Customer Testimonial Video of using Oracle's Virtual Compute Appliance to build a private cloud virtualization platform to host its customers’ Oracle Enterprise and Windows applications. Centroid Partner Testimonial Video.

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  • How to implement SHA-2 in SQL Server 2005 or 2008 with a CLR assembly

    SQL Server 2012 supports SHA-256 and SHA-512 through the HASHBYTES() function, but earlier versions of SQL Server do not. SHA-256, SHA-384 and SHA-512 can, however, be implemented in SQL Server 2005 or SQL Server 2008 with the CLR assembly described in this article. Optimize SQL Server performance“With SQL Monitor, we can be proactive in our optimization process, instead of waiting until a customer reports a problem,” John Trumbul, Sr. Software Engineer. Optimize your servers with a free trial.

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  • 5 Expectations Customers Have When Visiting Your Web Site

    In a previous article, I talk about how having a web site is very important to your business. But just having a web site isn't good enough. You need to satisfy the customer visiting your page. In this article I want to talk about what customers would expect from your website and how you can help fulfil those requirements.

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  • A TDD Journey: 1-Trials and Tribulations

    Test-Driven Development (TDD) has a misleading name, because the objective is to design and specify that the system you are developing behaves in the ways that the customer expects, and to prove that it does so for the lifetime of the system. It isn't an intuitive way of coding but by automating the specifications of a system, we end up with tests and documentation as a by-product. Michael Sorens starts an introduction to TDD that is more of a journey in six parts:

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  • SEO 101 - Building Backlinks

    Internet gave birth to many businesses and some of this included affiliate marketing. Today we see many individuals who have created websites selling products and services online. Earning money doesn't necessarily mean you've got to have a customer visit your shop and buy something. It's as simple as shopping online. It can be done by the click of a mouse.

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  • Webcast: Redefining the CRM and E-Commerce Experience with Oracle Exalogic

    - by Sanjeev Sharma
    Have your CRM applications been growing in cost and complexity? Do your customers want to reach you through more channels than ever? Does your business need to handle peak sales and customer service demand, but your IT budget only covers current needs? Learn how Oracle Exalogic combines Oracle hardware and software to achieve breakthrough performance and scalability, and how real Oracle customers are simplifying the deployment and management of their CRM applications. Register for the webcast here.

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  • Nike Achieves Scalability and Performance with Oracle Coherence & Exadata

    - by Michelle Kimihira
    Today, we are featuring a customer interview with with Nicole Otto, Senior Director, Consumer Digital Tech at Nike who talks about how they achieved scalability and performance with Oracle Coherence and Oracle Exadata.    Additional Information Product Information on Oracle.com: Oracle Fusion Middleware Follow us on Twitter and Facebook Subscribe to our regular Fusion Middleware Newsletter

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  • Ubuntu UK Podcast: Their Purple Moment

    <b>Ubuntu UK Podcast:</b> "We interview the awesome Stuart Langridge and discuss the Ubuntu One Music Store, beta testing, record tokens, Rhythmbox, MP3s, Britney Spears, file syncing, customer service, getting music into the store and Severed Fifth, Frequently Asked Questions, vinyl, reaching &#8216;real&#8217; people and Shot of Jaq."

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  • We need you! Sign up now to give Oracle your feedback on future product design trends at OpenWorld 2012

    - by mvaughan
    By Kathy Miedema, Oracle Applications User Experience Get the most from your Oracle OpenWorld 2012 experience and participate in a usability feedback session, where your expertise will help Oracle develop unbeatable products and solutions. Sign up to attend a one-hour session during Oracle OpenWorld. You’ll learn about Oracle’s future design trends -- including mobile applications and social networking -- and how these trends will affect your users down the road. A street scene from Oracle OpenWorld 2011. Oracle’s usability experts will guide you through practical learning sessions on the user experience of various business applications, middleware, and more. All user feedback sessions will be conducted October 1–3 at the InterContinental San Francisco Hotel on Howard Street, just a few steps away from the Moscone Center. To best match you with a user feedback activity, we will ask you about your role at your company. Our user feedback opportunities include focus groups, surveys, and one-on-one sessions with usability engineers. What do you get out of it? Customer and partner participants in the past have been surprised to learn how tuned in Oracle is to work that their applications users do every day. Oracle’s User Experience team members are trained to listen carefully, ask specific questions, interpret your answers, and work with designers to create products and solutions that suit your needs. Our goal is to help make you and your users more productive and efficient. Learn about Oracle’s process, and take advantage of the chance to give your specific feedback to the designers who create the enterprise applications of your future. See for yourself how Oracle collects feedback and measures its designs for turning them into code. Seats are limited for Oracle’s user feedback sessions, so sign up now by sending an e-mail to [email protected] with the subject line: Sign Me Up for an Oracle OpenWorld 2012 UX Session. For more information about customer feedback sessions and what you can learn from them, please visit the Usable Apps website. When: Monday-Wednesday during OpenWorld 2012, Oct. 1-3 Where: The InterContinental San Francisco Hotel How to sign up: RSVP now by sending an email to [email protected] with the subject line “Sign me up for an OOW 2012 UX Session.” Learn more: Visit the Usable Apps website at Get Involved.

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  • Looking at EMEA and Telecommunications

    - by Brian Dayton
    With Summer holidays starting up we've been spending a lot of time speaking with our counterparts in EMEA. Often we talk about recent customer successes. One of my recent discoveries is this great video covering BT's move towards SOA and how this initiative not only accelerated order delivery time from 6 days to 6 minutes but created new revenue streams and reduced time to implementation.

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  • E-Business Suite at OpenWorld

    - by [email protected]
    Did you know...Oracle E-Business Suite Release 12.1 offers nine new solutions and more than 400 enhancements across human resources, supply chain management, procurement, projects, master data management, customer relationship management, and financials? With over 150 session dedicated to E-Business Suite, at OpenWorld, you can learn all about Release 12.1. Follow this link to the OpenWorld content catalog to get a list of session for E-Business Suite. Or this one to get more information on Oracle E-Business Suite Release 12.1

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  • The Benefits of BPO Powered by Oracle

    Sonny Singh, Oracle's Industry Business Unit Senior Vice President, speaks with Fred about the unique attributes of Oracle's BPO strategy, shares examples of customer and provider successes and explains how listeners -- both customers and providers -- can benefit from this offering.

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  • SOA Summit - Oracle Session Replay

    - by Bruce Tierney
    If you think you missed the most recent Integration Developer News (IDN) "SOA Summit" 2013...good news, you didn't.  At least not the replay of the Oracle session titled: Three Solutionsfor Simplifying Cloud/On-Premises Integration As you will see in the reply below, this session introduces Three common reasons for integration complexity: Disparate Toolkits Lack of API Management Rigid, Brittle Infrastructure and then the Three solutions to these challenges: Unify Cloud On-premises Integration Enable Multi-channel Development with API Management Plan for the Unexpected - Future Readiness The last solution on future readiness describes how you can transition from being reactive to new trends, such as the Internet of Things (IoT), by modifying your integration strategy to enable business agility and how to recognize trends through Fast Data event processing ahead of your competition. Oracle SOA Suite customer SFpark's (San Francisco Metropolitan Transit Authority) implementation with API Management is covered as shown in the screenshot to the right This case study covers the core areas of API Management for partners to build their own applications by leveraging parking availability and real-time pricing as well as mobile enablement of data integrated by SOA Suite underneath.  Download the free SFpark app from the Apple and Android app stores to check it out. When looking into the future, the discussion starts with a historical look to better prepare for what comes next.   As shown in the image below, one of the next frontiers after mobile and cloud integration is a deeper level of direct "enterprise to customer" interaction.  Much of this relates to the Internet of Things.  Examples of IoT from the perspective of SOA and integration is also covered in the session. For example, early adopter Turkcell and their tracking of mobile phone users as they move from point A to B to C is shown in the image the right.   As you look into more "smart services" such as Location-Based Services, how "future ready" is your application infrastructure?  . . . Check out the replay by clicking the video image below to learn about these three challenges and solution including how to "future ready" your application infrastructure:

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  • Oracle Magazine, January/February 2010

    Oracle Magazine January/February features articles on the evolution of enterprise architecture, customer acquisition and retention with Oracle CRM On Demand, Oracle awards for 2009, task flow routers, privacy and security, Oracle Essbase, compressing with Oracle Exadata Hybrid Columnar Compression, Tom Kyte on Oracle Database 11g Release 2 and much more.

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  • Create a Loyalty Program That Sticks - Thursday 30 Minute Webcast

    - by Charles Knapp
    Loyalty programs don't necessarily translate into loyal or profitable customers. What are market leaders doing to retain customers? Webcast Alert: Live complimentary webcast, Creating a Holistic Loyalty Program That Sticks, on Thursday, 11/15 at 1:00-1:30 pm EST. Southwest Airlines joins 1to1 Media to share insights on developing loyalty programs that are focused on customer needs and preferences. Hope to see you there! 

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  • New Exadata public references

    - by Javier Puerta
    The following customers are now public references for Exadata. Show your customers how other companies in their industries are leveraging Exadata to achieve their business objectives. BRITISH TELECOM - Communications - United Kingdom 2x Full Rack + 1x Quarter Rack Exadata Database Machine Oracle University Training Courses Success Story DEUTSCHE BANK - Financial Services - Germany 18x Full Rack Exadata Database Machine Warehouse for Credit Risk Reporting running on Exa Success Story OPENBAAR MINISTERIE - Public Sector - Netherlands 1x Full Rack Exadata Database Machine Datawarehouse usage Success Story ADRIATIC SLOVENICA - Insurance - Slovenia 1x Quarter Rack Exadata Database Machine running on Linux Replacing Oracle DB and Oracle Application Server Success Story More customer success stories at Oracle.com References

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  • How granular should a command be in a CQ[R]S model?

    - by Aaronaught
    I'm considering a project to migrate part of our WCF-based SOA over to a service bus model (probably nServiceBus) and using some basic pub-sub to achieve Command-Query Separation. I'm not new to SOA, or even to service bus models, but I confess that until recently my concept of "separation" was limited to run-of-the-mill database mirroring and replication. Still, I'm attracted to the idea because it seems to provide all the benefits of an eventually-consistent system while sidestepping many of the obvious drawbacks (most notably the lack of proper transactional support). I've read a lot on the subject from Udi Dahan who is basically the guru on ESB architectures (at least in the Microsoft world), but one thing he says really puzzles me: As we get larger entities with more fields on them, we also get more actors working with those same entities, and the higher the likelihood that something will touch some attribute of them at any given time, increasing the number of concurrency conflicts. [...] A core element of CQRS is rethinking the design of the user interface to enable us to capture our users’ intent such that making a customer preferred is a different unit of work for the user than indicating that the customer has moved or that they’ve gotten married. Using an Excel-like UI for data changes doesn’t capture intent, as we saw above. -- Udi Dahan, Clarified CQRS From the perspective described in the quotation, it's hard to argue with that logic. But it seems to go against the grain with respect to SOAs. An SOA (and really services in general) are supposed to deal with coarse-grained messages so as to minimize network chatter - among many other benefits. I realize that network chatter is less of an issue when you've got highly-distributed systems with good message queuing and none of the baggage of RPC, but it doesn't seem wise to dismiss the issue entirely. Udi almost seems to be saying that every attribute change (i.e. field update) ought to be its own command, which is hard to imagine in the context of one user potentially updating hundreds or thousands of combined entities and attributes as it often is with a traditional web service. One batch update in SQL Server may take a fraction of a second given a good highly-parameterized query, table-valued parameter or bulk insert to a staging table; processing all of these updates one at a time is slow, slow, slow, and OLTP database hardware is the most expensive of all to scale up/out. Is there some way to reconcile these competing concerns? Am I thinking about it the wrong way? Does this problem have a well-known solution in the CQS/ESB world? If not, then how does one decide what the "right level" of granularity in a Command should be? Is there some "standard" one can use as a starting point - sort of like 3NF in databases - and only deviate when careful profiling suggests a potentially significant performance benefit? Or is this possibly one of those things that, despite several strong opinions being expressed by various experts, is really just a matter of opinion?

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  • How to charge in agile iterative approach?

    - by user1620696
    I have a doubt about budgeting when working with agile iterative approach. If I understood well, in agile at the end of each iteration we have usable product, so we have some of the requirements met and then some part of the software will be already working. How do we charge for our work in this methodology? Do we charge per iteration, i.e. charge per major requirements being met, or just charge the customer when the software is indeed finished and then receive for everything at once?

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  • The Real Reason for CRM implementation Failure

    You can search the Internet and look at technology trade magazines and find list after list of why CRM (Customer Retention Management) implementations fail. To me, most of these "articles" are laundr... [Author: Chuck Lewis - Computers and Internet - September 03, 2009]

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