Legal in AG

AG Legal Intel

Saturday, June 13, 2026
3 min read
7 stories

Welcome to your daily briefing on legal developments in AG. Today we're covering 7 key stories including updates on antigua and barbuda legal headlines, background & context. Let's dive in.

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2

Background & Context

3 stories

2.1

When to send a litigation hold letter.

A preservation (litigation hold) letter is appropriate as soon as litigation is reasonably anticipated, not just after a complaint is filed. The letter should identify the matter, the document categories at issue, and the recipient's preservation duty. Failure to send one is the leading evidence of spoliation in subsequent motion practice.

Why It Matters

Sanctions for spoliation can include adverse-inference instructions, monetary fines, and in severe cases default judgment. The cost of issuing a hold letter is one paralegal hour.

2.2

Arbitration clauses that survive judicial review.

Arbitration clauses are most often struck down for procedural unconscionability — surprise placement, font that hides them, or no opportunity to negotiate — rather than substantive issues. A clause that is conspicuous, separately initialed, and accompanies a clear written notice of waiver of jury trial survives review in most jurisdictions.

Why It Matters

A void arbitration clause means the dispute lands in court, often with discovery and jury exposure that the clause was meant to prevent. Drafting discipline at contract formation is cheap; defending the clause years later is not.

2.3

Why your non-compete clause may be unenforceable in AG.

Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.

Why It Matters

An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.

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Issue Summary

DateJun 13, 2026
Stories7
Sections2
Read Time3 min
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