A non-compete clause (often NCC), or covenant not to compete (CNC), is a term used in contract law under which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer). As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or starting a business, and gain competitive advantage by abusing confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans.

However, an over-broad CNC may prevent an employee from working elsewhere at all. English Common Law originally held any such constraint to be unenforceable as a matter of public policy. Contemporary case law permits exceptions, but generally will only enforce CNCs to the extent necessary to protect the employer. Most jurisdictions in which such contracts have been examined by the courts have deemed CNCs to be legally binding so long as the clause contains reasonable limitations as to the geographical area and time period in which an employee of a company may not compete.

The extent to which non-compete clauses are legally allowed varies per jurisdiction. Some jurisdictions, such as the state of California in the US, invalidate non-compete-clauses for all but equity stakeholders in businesses.

History

As far back as 1415, English common law had already been "old and settled" that restraints on trade were unenforceable. That ban remained unchanged until 1621, when a restriction that was limited to a specific geographic location was found to be an enforceable exception to the previously absolute rule. Almost a hundred years later, the exception became the rule with the 1711 watershed case of ''Mitchel v. Reynolds'' which established the modern framework for the analysis of the enforceability of non-compete agreements.

United States

The majority of U.S. states recognize and enforce various forms of non-compete agreements. A few states, such as California, totally ban or prohibit non-compete agreements except in limited circumstances. For this reason, non-compete agreements have been popular among companies with employees working in states where they are allowed. They are very common among commercial radio stations and television stations, especially for radio personalities and television personalities working for media conglomerates. For example, if a radio or television personality quits, is laid off or fired from one station in the market they work in, they cannot work for another competing station in the same market until their contract expires with their former employing station.

Virginia

In Virginia, the enforceability of covenants not to compete is governed by common law principles. As restrictions on trade, CNCs are not favored by Virginia courts, which will enforce only narrowly drafted CNCs that do not offend public policy.

In Virginia, a plaintiff must prove by a preponderance of the evidence that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret; (2) not unduly harsh or oppressive in restricting the employee's ability to earn a living; and (3) not against public policy. ''Paramount Termite Control Co., Inc v. Rector'', 380 S.E.2d 922, 924 (Va. 1989).

Legitimate business interest

In Virginia, courts weigh the (1) function, (2) geographic scope and (3) duration of the CNC against the employer's legitimate business interests to determine their reasonableness. Additionally, CNCs are only reasonable if they prevent the employee from entering into direct competition with the employer and must not encompass any activity in which the employer is not engaged.

Reasonable restriction on employee's ability to earn a living

Second, to enforce the CNC, a Plaintiff must show that it is not unduly harsh or oppressive in restricting the employee's ability to earn a living. In Virginia, a CNC is not unduly harsh or oppressive if balancing its function, geographic scope and duration the employee is not precluded from (1) working in a capacity not in competition with the employer within the restricted area or (2) providing similar services outside the restricted area.

Public policy

Third, to enforce a CNC, a Plaintiff must show the CNC is reasonable from the standpoint of a sound public policy. Virginia does not favor restrictions on employment and therefore CNCs are generally held against public policy unless they are narrowly drafted as enumerated above. In Virginia, a CNC does not violate public policy if the restrictions it imposes do not create a monopoly for the services offered by the employer or create a shortage of the skills provided by the employee.

Florida

The enforceability of non-compete agreements in the state of Florida is quite common. Some law firms build their law practice around these agreements and represent employees, employers and potential new employers of an employee currently bound by a non-compete agreement. The agreement is not allowed to be overly broad and generally difficult to enforce if it is for more than two years. Also if the agreement is part of a general employment contract then there is the possibility of a Pre-Breach by an employer. This may cause the non-compete clause of the contract to become unenforceable.

California

Non-compete agreements are automatically void as a matter of law in California, except for a small set of specific situations expressly authorized by statute. They were outlawed by the original California Civil Code in 1872.

Out of state agreements are not enforceable

The preeminent court decision discussing the conflict between California law and the laws of other states is the 1998 decision ''Application Group, Inc. v. Hunter Group, Inc.'' In ''Hunter'', a Maryland company required that its Maryland based employee agree to a one-year non-compete agreement. The contract stated that it was governed by and to be construed according to Maryland law. A Maryland employee then left to work for a competitor in California. When the new California employer sued in California state court to invalidate the covenant not to compete, the California court agreed and ruled that the non-compete provision was invalid and not enforceable in California. Business and Professions Code Section 16600 reflects a "strong public policy of the State of California" and the state has a strong interest in applying its law and protecting its businesses so that they can hire the employees of their choosing. California law is thus applicable to non-California employees seeking employment in California.

Whether California courts are required by the Full Faith and Credit Clause of the United States Constitution to enforce equitable judgments from courts of other states, having personal jurisdiction over the defendant, that enjoin competition or are contrary to important public interests in California is an issue that has not yet been decided.

Exceptions - valid non-compete agreements in California

There are limited situations where a reasonable non-compete agreement may be valid in California. # If an owner is selling the goodwill in their business. # When there is a dissolution or disassociation of a partnership. # Where there is a dissolution of a limited liability company.

Massachusetts

Noncompete agreements will be enforced in Massachusetts in appropriate circumstances.

Historical context

By 1837, Massachusetts had indisputably adopted the analysis established in ''Mitchel''. In 1922, the Supreme Judicial Court eliminated any doubt that restrictive covenants in the employment context would be enforced when reasonable.

Current law

The basic proposition enunciated long ago continues to apply: “A covenant not to compete is enforceable only if it is necessary to protect a legitimate business interest, reasonably limited in time and space, and consonant with the public interest.”

Reasonableness

Reasonableness is the touchstone of the analysis and is highly fact-dependent. The context in which the CNC arises (such as employment relationship, contractual relationship) is a critical factor in the analysis. A CNC that is unreasonable because it is too broad, will be scaled back if it is in fact capable of being narrowed.

Even when a CNC is limited in duration, geographic reach, and scope, it will be enforced “only to the extent . . . necessary to protect the legitimate business interests of the employer.” Recognized legitimate business interests are generally identified as the protection of trade secrets, confidential information, and goodwill.

Consideration

An otherwise valid CNC must still, like other contracts, be supported by consideration. Accordingly, the Supreme Judicial Court has held that a CNC must be “ancillary . . . to an existing employment or contract of employment” or some other “permissible transaction . . . .” However, consideration can exist regardless of whether the CNC is entered into at the beginning of the employment relationship, during the term of employment, or even at the end of an employment relationship.

Washington

According to ''Racine v. Bender'', CNCs will be enforced by courts if they are validly formed and reasonable. There are exceptions, like in ''Labriola v. Pollard Group, Inc.'', where the Washington Supreme Court invalidated a CNC not supported by independent consideration by strictly enforcing the pre-existing duty rule.

Canada

Canadian courts will enforce non-competition agreements. However, there are some differences with the USA. Canada is analogous to the group of states that will not reform or blue-pencil covenants. These States are: Arkansas, Georgia, Nebraska, Virginia, and Wisconsin. However, Canadian courts have a much broader notion of fiduciary duty. High level or key employees will still have a duty to their employer, even post-employment. Recently the Supreme Court of Canada has expanded the notion of which employees owe fiduciary duties. Non-solicitation clauses are also routinely enforced.

Europe

Generally, CNCs are allowable in Europe only if the employer can show a reasonable business interest in having a CNC.

In the Netherlands, non-compete clauses (''non-concurrentiebeding'' or ''concurrentiebeding'') are allowed regarding issues such as moving to a new employer and approaching customers of the old company. Unreasonable clauses can be invalidated in court. In the United Kingdom, CNCs are called Restraint of Trade clauses and may be used only if the employer can prove a legitimate business interest to protect in entering the clause into the contract. Mere competition will not amount to a legitimate business interest. In Germany, CNCs are allowed for a term up to two years. The employer must provide financial compensation for the duration of the CNC amounting to at least half the gross salary. Unreasonable clauses, for example excluding similar jobs in whole Germany, can be invalidated. In Belgium, CNCs are restricted to new employments within Belgium and for no more than one year. The employer must pay financial compensation for the duration of the CNC, amounting at least the same gross salary.

In Spain, CNCs are regulated by article 21 of the labor law. CNCs are allowed up to two years for technical professions and six months for other professions.

In France, CNCs must be limited in time to a maximum of two years and to a region where there the employee's new work can reasonably be seen as competitive. The region can be a city or the whole country, depending on the circumstances. The employer can be forced to pay financial compensation, typically 30 percent of the last salary, depending on the circumstances surrounding the termination of the employment. A CNC may not unreasonably limit the possibilities of the employee to find a new employment.

In Romania, CNCs are regulated by article 20-4 of the labor code and restricted to two years for managing positions and six months for other positions. The employer must pay financial compensation for the duration of the CNC, amounting to at least 25 percent of the last salary.

In Portugal, CNCs are regulated by article 136 of the labor code and restricted to two years extendible to three years in cases of access to particularly sensitive information. The employer must pay financial compensation for the duration of the CNC but the law doesn't specify anything regarding the amount of the compensation.

Related restrictive covenants

While CNCs are one of the most common types of restrictive covenants, there are many others. Each serves a specific purpose and provides specific rights and remedies. The most common types of restrictive covenants are as follows:

Garden-leave clause: a type of CNC by which an employee is compensated during the period that the employee is restricted.

Forfeiture-for-Competition Agreement and Compensation-for-Competition Agreement: an agreement by which an employee either forfeits certain benefits or pays some amount of money to engage in activities that are competitive with his former employer.

Forfeiture agreement: an agreement by which an employee forfeits benefits when his employment terminates, regardless of whether he engages in competitive activities.

Nondisclosure/confidentiality agreement: an agreement by which a party agrees not to use or disclose the other party's confidential information.

Nonsolicitation agreement: an agreement by which an employee agrees not to solicit - and, if well drafted, not to accept - business from the employer's customers.

Antipiracy agreement: an agreement by which an employee agrees not to solicit - and, if well drafted, not to hire - the employer's employees.

Invention assignment agreement: an agreement by which an employee assigns to the employer any potential inventions conceived of during employment.

The enforceability of these agreements depends on the law of the particular state. As a general rule, however, with the exception of invention assignment agreements, they are subject to the same analysis as other CNCs.

Cases

In 2005, Microsoft and Google litigated the enforceability of a non-compete clause in Kai-Fu Lee's employment contract with Microsoft. Difference in state laws were highlighted as Google attempted to maneuver the case to California courts, where California law would be more likely to hold the clause unenforceable. ''IBM v. Papermaster'' (No. 08-9078, 2008 U.S. Dist): Mark Papermaster moving from IBM to Apple computer in 2008. In April 2010, after a year of non-compete clause stipulated on the contract, Paul Teutul Jr., formerly from Orange County Choppers, was able to start his own new non-motorcycle design company.

Notes

References

''Alger v. Thacher'', 36 Mass. 51, 52 (1837).

California Business and Professions Code

External links

50 State Survey of Employee Noncompete Law

Category:Contract law Category:Labour law Category:Contract clauses

de:Wettbewerbsverbot fr:Clause de non-concurrence ko:경쟁금지 조항 nl:Concurrentiebeding sr:Anti-konkurentska klauzula fi:Kilpailukieltosopimus

Lee Andrew Priest McCutcheon nicknamed "The Blond Myth" (born 6 July 1972 in Newcastle, Australia) is a former IFBB professional bodybuilder and a current NABBA Professional athlete.

Biography

Lee McCutheon-Priest was raised together with his older sister by their parents until they divorced. After that Lee lived part-time with his grandparents Owen and June Kelly. Lee grew up in Wallsend Australia. Lee's mom was also a bodybuilding competitor, and once posed with Lee on stage. Lee started training at the age of 12 with the help and support of his grandfather. He competed for the first time at the age of 13 and won. He went on to win numerous other competitions leading up to him winning the IFBB Mr Australia at 17, 18, 19. He was not allowed to get his pro card in Australia because of his young age. It was then Lee decided to enter an amateur competition, Niagra Falls. While there, Lee was discovered and given his pro card by Jim Manion. Lee became one of the youngest men to turn IFBB pro at the age of 20.

Lee competed successfully within the IFBB. However he had a tumultious time due to his outspoken nature. He was suspended for the first time in 1994. It was because of his no bull attitude that Lee garnered one of the largest and most loyal fan base within the bodybuilding community.

In September 2006 Lee was suspended from the IFBB for competing in the PDI, a new organization started by Wayne Dimilia. That org did not last due to Wayne's health issues. The suspension turned into a ban for Lee because he continued speaking out against his suspension and the condition of the IFBB. He was then threatened with a lifetime ban. However they decided against it and lifted the ban after 2years.

Lee was reinstated back in the IFBB in June 2008 to allow him a chance to qualify for the 2008 Mr. Olympia. Shortly after the ban was lifted Lee decided to move back to Australia. It was in July 2008 that during his house move that he tore his bicept tendon. This forced him to give up his plans to compete in 2008. Unfortunately he was unable to get surgery and had to wait till Feb 2009 to have the tendon repaired. He was in a sling for 3months after the surgury.

In February 2010 it was announced that Lee Priest would be working with Neil Hill, who is a Bodybuilding nutrition expert based the United Kingdom in preparation for the 2010 Sacremento Pro Show in Nov. Due to financial reasons Lee decided not to enter the new 202 division and compete in the US.

After he decided this and with everything that has gone on within the IFBB and his relationship with the federation, Lee decided it was time for a change. He made the decision not to renew his IFBB pro card and compete within NABBA. With the full support of Greame Lancefield, NABBA President, Lee is set to compete in the 2011 Mr. Universe in Southport, UK.

Lee has his own supplement company called ''Assassin Nutrition'' in Australia.

Besides a successful and well known bodybuilding career, Lee is also a champion race car driver. Lee started racing in 2002 with road-racing and circle track. He then progressed to drag racing in 2004. Lee won numerous races and titles in road and circle track. His most successful bid came within drag-racing. He won Rookie of the Year in 2005. The following year, 2006, nothing stood in his way and he won the Championship.

Lee has also done some tv and movie work. He did all the bodywork for The Hulk Movie and also for the video game. He recently appeared in a local Australian tv series ( Rescue Special Ops) and will have a brief role in an upcoming Australian movie.

With all this, Lee married for the first time in 1997. Unfortunately this was short lived. He met Cathy LeFrancious and they married in Las Vegas in 2000. Once again the marriage ended, but fortunately they remain friends to this day. Lee became engaged to Adela Garcia but ended the engagement in 2006. In 2008 Lee moved back to Australia and was shortly followed by his fiance (whom he asked to marry over the phone). He married for the 3rd time in Oct 2008 to Rhaine. They currently reside in Newcastle, Australia with their 3 dogs and one cat.

Stats

Name: Lee Priest

Location: Newcastle, Australia

Born: 6 July 1972

Height: 5'4

Off Season Weight: 235-260 lbs.

Competition Weight: 199-218 lbs.

Arms: 22 (in competition, pumped) to 23 (off-season, pumped)

Contest history

1989 IFBB Australian Championships, 1st

1990 IFBB Australian Championships, 1st

1990 IFBB World Amateur Championships, Lightweight, 4th

1993 IFBB Niagara Falls Pro Invitational, 9th

1994 IFBB Arnold Schwarzenegger Classic, 7th

1994 IFBB Ironman Pro Invitational, 4th

1994 IFBB Night of Champions, 12th

1994 IFBB San Jose Pro Invitational, 7th

1995 IFBB Arnold Schwarzenegger Classic, 9th

1995 IFBB Florida Pro Invitational, 4th

1995 IFBB Ironman Pro Invitational, 3rd

1995 IFBB South Beach Pro Invitational, 3rd

1996 IFBB Ironman Pro Invitational, 4th

1996 IFBB San Jose Pro Invitational, 6th

1997 IFBB Arnold Schwarzenegger Classic, 7th

1997 IFBB Grand Prix Czech Republic, 3rd

1997 IFBB Grand Prix England, 6th

1997 IFBB Grand Prix Finland, 4th

1997 IFBB Grand Prix Germany, 3rd

1997 IFBB Grand Prix Hungary, 4th

1997 IFBB Grand Prix Russia, 9th

1997 IFBB Grand Prix Spain, 3rd

1997 IFBB Ironman Pro Invitational, 2nd

1997 IFBB Mr. Olympia, 5th

1998 IFBB Mr. Olympia, 7th

1999 IFBB Iron Man Pro Invitational, 6th

1999 IFBB Mr. Olympia, 8th

2000 IFBB Night of Champions, 5th

2000 IFBB Mr. Olympia, 6th

2001 IFBB Ironman Pro Invitational, 7th

2002 IFBB Ironman Pro Invitational, 6th

2002 IFBB Arnold Schwarzenegger Classic, 4th

2002 IFBB San Francisco Grand Prix, 1st

2002 IFBB Mr. Olympia, 6th

2003 IFBB Mr. Olympia, 15th

2004 IFBB Ironman Pro, 2nd

2004 IFBB San Francisco Pro Invitational, 2nd

2005 IFBB Grand Prix Australia, 1st

2005 IFBB Arnold Classic, 4th

2005 IFBB Iron Man Pro Invitational, 2nd

2006 IFBB Ironman Pro, 1st, Vince Gironda Posing Award

2006 IFBB Arnold Classic, 6th

2006 IFBB Grand Prix Australia, 2nd

2006 NOC New York 1st

2006 PDI Night of Champions,Britain 1st

Training videos

''The Blonde Myth'' (1998)

''Another Blonde Myth'' (2001) - Footage leading up 2000 night of champions. "Home video footage" provides new look of Lee Priest. Includes his wedding, whole body workouts.

''Training Camp and Career Highlights'' - Showcasing the fabulous physique and career of Lee Priest, Australia's own Superman.

''It's Not Revenge'' (2006) - In the series Titans, Watch Bodybuilding Superstar Lee Priest train a few days out of competition in Austin.

''Reality DVD series (2006-2008) BodybuildersReality.com

See also

List of male professional bodybuilders

References

http://www.bodybuilders.com/priest.htm

External links

Official website

Lee Priest Competition history

Lee priest photos

Category:Australian bodybuilders Category:1972 births Category:Living people Category:Professional bodybuilders Category:People from Newcastle, New South Wales

de:Lee Priest it:Lee Priest ja:リー・プリースト pl:Lee Priest ru:Ли Прист

Coordinates	34°03′″N118°15′″N
Honorific-prefix	The Right Honourable
Name	The Lord Black of Crossharbour
Honorific-suffix	OC PC KCSG
Office	Member of the House of Lords
Term start	31 October 2001
Birth date	August 25, 1944
Birth place	Montreal, Quebec, Canada
Residence	Palm Beach, Florida, USA Toronto, Ontario, Canada London, England
Nationality	Canadian (1944–2001)British (1999–present)
Education	Carleton University, (B.A.) Université Laval (LL.L.) McGill University (M.A.)
Occupation	former newspaper publisher, author, columnist, investor
Home town	Toronto, Ontario
Net worth	$400 million (2007)
Religion	Roman Catholic
Spouse	Joanna Hishon (1978–1992)Barbara Amiel, Lady Black (1992–present)
Children	2 sons, 1 daughter
Parents	George Montegu Black II, Jean Elizabeth Riley
Footnotes	}}

Conrad Moffat Black, Baron Black of Crossharbour, OC, PC (Can.), KCSG (born August 25, 1944) is a Canadian-born member of the British House of Lords, historian, columnist and publisher who was for a time the third largest newspaper magnate in the world. Black controlled Hollinger International, Inc. Through affiliates, the company published major newspapers including ''The Daily Telegraph'' (UK), ''Chicago Sun Times'' (U.S.), ''Jerusalem Post'' (Israel), ''National Post'' (Canada), and hundreds of community newspapers in North America.

He was convicted of fraud in a US court in 2007 and sentenced to six and a half years' imprisonment. On July 19, 2010 Black was granted bail. The U.S. 7th Circuit Court of Appeals overturned two of the three remaining mail fraud counts in October of that year. On June 24, 2011 he was resentenced on one remaining count of mail fraud and one count of obstruction of justice to a prison term of 42 months and a fine of $125,000 (USD). As the 29 months Black has served is included in this sentence, he is required to return to prison on September 6, 2011, for a remaining thirteen months.

Early life and family

Conrad Black was born in Montreal, Quebec, Canada, to a wealthy family originally from Winnipeg, Manitoba. His father, George Montegu Black, Jr., C.A., was the president of Canadian Breweries Limited, an international brewing conglomerate that had earlier absorbed Winnipeg Breweries (founded by George Black Sr.). Conrad Black's mother was the former Jean Elizabeth Riley, a daughter of Conrad Stephenson Riley, whose father founded the Great-West Life Assurance Company, and a great-granddaughter of an early co-owner of the ''Daily Telegraph''.

Biographer George Toombs said of Black's motivations: "he was born into a very large family of athletic, handsome people. He wasn't particularly athletic or handsome like they were, so he developed a different skill – wordplay, which he practised a lot with his father."

Education

Black was first educated at Upper Canada College (UCC), during which time, at age 8, he purchased shares in General Motors. Six years later, according to Tom Bower's biography ''Dancing on the Edge'', he was expelled from UCC for selling stolen exam papers. He then attended Trinity College School where he lasted less than a year, being expelled for insubordinate behaviour. Black eventually graduated from a small, now defunct, private school in Toronto called Thornton Hall, continuing on to post-secondary education at Carleton University (History, 1965). For a time, he attended Toronto's Osgoode Hall Law School of York University; however, his studies ended after he failed his first year exams. He completed a law degree at Université Laval (Law, 1970), and in 1973 completed a Master of Arts degree in history at McGill University. Black's thesis, later published as a biography, was on Quebec premier Maurice Duplessis.

Marriages

Conrad Black's first marriage was in 1978 to Joanna Hishon of Montreal, who worked as a secretary in his brother Montegu's brokerage office. The couple had two sons and a daughter. The couple separated in 1991. Their divorce was finalized in 1992; the same year Black married Watford-born journalist Barbara Amiel. Black flattered Amiel, describing her variously as "beautiful, brilliant, ideologically a robust spirit" and "chic, humorous and preternaturally sexy". Courtroom evidence revealed that the couple exchanged over 11,000 emails.

Religion

"My family," Black wrote in 2009, "was divided between atheism and agnosticism, and I followed rather unthinkingly and inactively in those paths into my 20s." By his early 30s, however, he "no longer had any confidence in the non-existence of God." Thereafter, he "approached Rome at a snail's pace," and was finally received into the Catholic Church on June 18, 1986.

Career

Black became involved in a number of businesses, mainly publishing newspapers, and briefly in mining. In 1966, Black bought his first newspaper, the ''Eastern Townships Advertiser'' in Quebec. Following the foundation, as an investment vehicle, of the Ravelston Corporation by the Black family in 1969, Black, together with friends David Radler and Peter G. White, purchased and operated the ''Sherbrooke Record'', the small English language daily in Sherbrooke, Quebec. In 1971, the three formed Sterling Newspapers Limited, a holding company that would acquire several other small Canadian regional newspapers.

Corporate ownership through holding companies

George Black died in June 1976, leaving Conrad and his older brother, Montegu, a 22.4% stake in Ravelston Corporation, which by then owned 61% voting control of Argus Corporation, an influential holding company in Canada. Argus controlled large stakes in 7 major Canadian corporations, Labrador Mining, Noranda Mines, Hollinger Mines, Standard Broadcasting, Dominion Stores, Domtar and Massey-Ferguson.

Through his father's holdings in Ravelston, Conrad Black gained early association with two of Canada's most prominent businessmen: Bud McDougald and E. P. Taylor, president and founder of Argus, respectively. Following McDougald's death in 1978, Conrad Black paid $30-million to take control of Ravelston and thereby, control of Toronto-based Argus. This controversial arrangement resulted in accusations that Black had taken advantage of the aging widows of Ravelston Directors McDougald and Eric Phillips. Other observers admired Black for marshalling enough investor support to win control without committing a large block of personal assets.

Some of the Argus assets were already troubled, others did not fit Black's long term vision. Black resigned as Chairman of Massey Ferguson company in 1979, after which Argus donated its shares to the employee's pension funds (both salaried and union.) Hollinger Mines was then turned into a holding company that initially focused on resource businesses.

In 1981 Norcen Energy, one of his companies, acquired a minority position in Ohio-based Hanna Mining Co. A filing with the U.S. Securities and Exchange Commission stated that Norcen took "an investment position" in Hanna. However, the filing failed to disclose that Norcen's board planned to seek majority control. Black subsequently was charged by the SEC with filing misleading public statements, charges that were later withdrawn by "consent decree" after Black and Norcen agreed not to break securities laws in the future.

Dominion pension dispute

In 1984, Black withdrew over $56 million from the Dominion workers' pension plan surplus without consulting plan members. The firm said it considered the surplus the rightful property of the employer (Dominion Stores Ltd.). The Dominion Union complained, a public outcry ensued, and the case went to court. The Supreme Court of Ontario eventually ruled against the company, and ordered the company to return the money to the pension fund, claiming that though the most recent language in the plan suggested the employer had ownership of the surplus, the original intention was to keep the surplus in the plan to increase members' benefits.

Industrial holdings shifted to publishing

Over time, Black focused formerly diverse activities of his companies on newspaper publishing. Argus Corporation, once Canada's most important conglomerate, divested itself of interests in manufacturing, mining, retailing, banking and broadcasting. Canadian writer John Ralston Saul argued in 2008, "Lord Black was never a real "capitalist" because he never created wealth, only dismantled wealth. His career has been largely about stripping corporations. Destroying them."

Growth and divestment of press holdings

In 1985, Andrew Knight, then editor of ''The Economist'', asked Black to invest in the ailing Telegraph Group. By this investment, Black made his first entry into British press ownership. Five years later, he bought the ''Jerusalem Post'', and subsequently fired the majority of its staff. By 1990, his companies ran over 400 newspaper titles in North America, the majority of them small community papers.

Hollinger bought a minority stake in the Southam newspaper chain in 1993 and acquired the Chicago Sun Times in 1994. Hollinger International shares were listed on New York Stock Exchange in 1996, at which time the company boosted its stake in Southam to a control position. Becoming a public company trading in the U.S. has been called "a fateful move, exposing Black's empire to America's more rigorous regulatory regime and its more aggressive institutional shareholders."

Under Black, Hollinger launched the ''National Post'' in Toronto in 1998. From 1999 to 2000 Hollinger International sold several newspapers in five deals worth a total of US$679-million, a total that included millions of dollars in "non-compete agreements" for Hollinger insiders. Later in the year, Hollinger International announced the sale of thirteen major Canadian newspapers, 126 community newspapers, internet properties and half of the ''National Post'' to CanWest Global Communications Corp. Hollinger International sold the rest of the National Post to CanWest in the summer of 2001.

Lifestyle

Born to a rich family, Black acquired the family home and of land in Toronto's exclusive Bridle Path neighbourhood after his father's death in 1976. Black and first wife Joanna Hishon maintained homes in Palm Beach, Toronto and London. After he married Barbara Amiel, he acquired a luxury Park Avenue apartment in New York. When sold in 2005, the U.S. Department of Justice seized net proceeds of $8.5 million, pending resolution of court actions. His London townhouse in the Kensington district sold in 2005 for about US$25 million. Black's Palm Beach mansion was listed for sale in 2004 at $36 million. In late April of 2011 this Florida property was also sold by Black for approximately $30 million (USD).

According to biographer Tom Bower, "They flaunted their wealth." Black's critics, including former ''Daily Telegraph'' editor Charles Moore, suggested it was Black's second wife, Amiel, who pushed him towards a life of opulence, citing extravagant expenditures such as items billed to Hollinger expenses that included $2,463 (£1,272) on handbags, $2,785 in opera tickets, and $140 for Amiel's "jogging attire."

Black was ranked 238th wealthiest in Britain by the Sunday Times Rich List 2003, with an estimated wealth of £136m. He was dropped from the 2004 list.

Conrad Black is a former Steering Committee member of the Bilderberg Group.

Criminal fraud conviction and Supreme Court review

name	Conrad Moffat Black
charge	mail fraud, obstruction of justice
conviction penalty	Sentenced to 6½ years imprisonment. Reduced to 42 months following appeal and resentencing.
conviction status	Served 29 months before being granted bail pending a Supreme Court ordered review of his case. To report to prison on September 6, 2011 to serve an additional 13 months as a result of resentencing.
prison	Coleman Federal Correctional Complex
surrender date	3 March 2008 11:52 am
inmate number	18330-424 }}

Black was convicted in U.S. District Court in Chicago on July 13, 2007 and sentenced to serve 78 months in federal prison, pay Hollinger $6.1 million, in addition to a fine of $125,000.

Black was found guilty of diverting funds for personal benefit from money due Hollinger International when the company sold certain publishing assets and of other irregularities. For example, in 2000, in an illegal and surreptitious arrangement that came to be known as the "Lerner Exchange," Black acquired Chicago's Lerner Newspapers and sold it to Hollinger. He also was found guilty of obstruction of justice.

The Supreme Court of the United States heard an appeal of his case on December 8, 2009 and rendered a decision in June 2010. Black's application for bail was rejected by both the Supreme Court and the U.S. District Court judge who sentenced him.

On June 24, 2010, the U.S. Supreme Court ruled 9-0 that the definition of "honest services" fraud used in the trial judge's charge to the jury in Black's case was too broad and ordered the U.S. 7th Circuit Court of Appeals in Chicago to review three fraud convictions against Black in light of the Supreme Court's new definition. The appeals court will review Black's case and determine whether his fraud convictions will stand or if there should be a new trial. The jailed former media baron's obstruction-of-justice conviction, for which he is serving a concurrent 6½-year sentence, remains in place. Black's lawyers filed an application for bail pending the appeals court's review. Prosecutors contested Black's bail request, arguing in court papers that Black's trial jury had proof that Black committed fraud. He was granted bail on July 19, 2010, by the 7th Circuit Court of Appeals and would be released on a $2 million unsecured bond put up by conservative philanthropist Roger Hertog. Black has been released from custody and has been ordered to remain on bail in the continental United States until at least August 16, when his bail hearing was to resume, and the date by which Black and the prosecution were ordered by the Court of Appeals to submit written arguments for that court's review of his case.

Until July 21, 2010, Black, Federal Bureau of Prisons #18330-424, was incarcerated at Federal Correctional Institution Low, Coleman, a part of the Coleman Federal Correctional Complex Prior to being granted bail, his scheduled release date was October 30, 2013.

Following his release, coincidentally on his 18th wedding anniversary, Black wrote a column for Canada's The National Post on his time in prison. Black described America's inmates as an "ostracized, voiceless legion of the walking dead." Black was to appear once again in a Chicago court on August 16 to provide full and detailed financial information to the judge, after which she would consider his request to be allowed to return to Canada while on bail. In spite of his professed desire to return to his former home in Canada, Black's legal representatives advised the court that they would not provide the requisite accounting and would thus not be interested in petitioning the court further on the matter. Although many have cited this refusal to disclose as more deception on the part of Black, it is possible that the voluminous amounts of information that would have been required for complete disclosure could not be compiled in time or would have been used to further incriminate Black in later proceedings, a potential violation of the Fifth Amendment to the United States Constitution. He was, however, under no compulsion to make this disclosure, as he had initiated the appeal for a bail variation of his own volition. His next court appearance, where he might reapply for permission to return to Canada, was set for September 20, 2010.

On October 28, 2010, the U.S. 7th Circuit Court of Appeals overturned two of the three remaining mail fraud counts. It left Black convicted of one count of mail fraud and one count of obstruction of justice. The court also ruled that he must be resentenced. On December 17, 2010, Black lost an appeal of his remaining convictions for fraud and obstruction of justice. The three-person panel did not provide reasons. On May 31, 2011, the Supreme Court of the United States refused to grant Black leave to appeal his two remaining convictions without any comment.

The resentencing on the two remaining counts by the original trial judge occurred on June 24, 2011. Black's lawyers recommended that he be sentenced to the 29 months he's already served while the prosecution argued for Black to complete his original 6½ year sentence. The probation officer's report recommended a sentence of between 33 and 41 months. At the hearing, Judge St. Eve resentenced Black to a reduced term of 42 months and a fine of $125,000, returning him to prison on September 6, 2011 to serve the remaining 13 months of his sentence.

On June 30, 2011, Conrad Black published an article for the ''National Review Online'' that provided his scathing view of the legal case, detailing it as a miscarriage of justice and an "unaccountable and often lawless prosecution."

Seth Lipsky, in an opinion piece for the ''Wall Street Journal'' that ran on June 28, 2011, called the verdict against Black "head-scratching," noting that Black was found not guilty of the most serious charges brought against him and "the jury convicted him of a count of obstruction, for obeying an eviction notice by Hollinger to remove from his former office in Toronto boxes of papers and personal effects that he hadn't been informed were under seal. Prosecutors claimed that, out of 13 boxes, a single document was relevant to the investigation. It was a copy of a non-compete agreement that Black had previously turned over to the investigators." Lipsky also raised the issue of why Black was denied a retrial by jury as to whether he had committed pecuniary fraud after the Supreme Court unanimously found that Judge St. Eve's instructions to the jury were "incorrect," which led to two of the three fraud counts ultimately being vacated. In the end, the fraud conviction was allowed to stand and the count of obstruction: "The fraud Black stood guilty of involved a gain to him of but $285,000. He has made restitution of $32 million. He has been forced to stand aside while his business empire was reduced to rubble and $250 million or so of his own equity destroyed. And he has incurred tens of millions of dollars in legal fees... even some of his critics are wondering why the prosecutors engaged in the conduct they did."

Peerage controversy and citizenship

Upon the advice of British Prime Minister, Tony Blair, Queen Elizabeth II was to honour Black by raising him to the peerage. Canadian Prime Minister, Jean Chrétien, gave the conflicting advice that a Canadian citizen should not receive a titular honour, citing the 1919 Nickle Resolution. Black at the time held both Canadian and British citizenship. As a result of the dispute, Black renounced his Canadian citizenship in 2001, remaining a citizen of the UK. He has applied to have his Canadian citizenship returned to him, but as of June 2011 this has not been granted. Some argue the motive for this is solely so that he may attempt to serve out a portion of his sentence in Canada rather than the US. Another view is that it would simply allow him to more easily cross the border into Canada, as his conviction in the US is sufficiently serious that he is considered inadmissible.

Books and other publications

Black has written an autobiography and three substantial biographies of controversial twentieth-century figures.

Duplessis: Black re-worked his 1973 Master's thesis on Maurice Duplessis into a rehabilatory biographical re-examination of the controversial long-serving Quebec premier, published in 1977.

A Life in Progress: An autobiography, published in 1993.

Franklin Delano Roosevelt, Champion of Freedom: While Black was CEO of Hollinger International, the company spent millions of dollars purchasing collections of private papers of US President Franklin D. Roosevelt. Black subsequently completed a 1,280-page biography, in 2003.

What Might Have Been: A 2004 essay of speculative history depicting the latter half of the 20th century as it may have unfolded had Japan not bombed Pearl Harbor in 1941, edited by Andrew Roberts.

Richard M. Nixon: A Life in Full: Continuing in the vein of ''Duplessis'', Black's 1,152-page 2007 biography of Richard Nixon sought to rehabilitate the former U.S. President's legacy. This approach was criticized by some reviewers, who felt that it attempted to exculpate Nixon of some negative aspects of his time in office.

Black continues to contribute regular features to the National Post, the newspaper he founded in 1998 and sold in 2001. In an article there, Black indicated that his next book will describe how his business empire was destroyed while court-protected managers enriched themselves and eradicated shareholder value. He says, "The judiciary and regulators in both countries are complicit in these events. They will have much to answer for. This is the real story, and I will publish it soon."

In the November 2008 issue of ''Spear's'' magazine, Black wrote a diary piece from jail, detailing 'the putrification of the US justice system' and how 'the bloom is off my long-notorious affection for America'.

On March 5, 2009, Black contributed a piece to the online version of the conservative magazine National Review (NRO). Called 'Roosevelt and the Revisionists' and based on his earlier biography of Roosevelt, it argued that FDR's New Deal was intended to save capitalism, and so deserved conservative support. In her March 9 critique of this piece on NRO, author Amity Shlaes observed, "I will be co-hosting, with Dean Thomas Cooley of NYU/Stern, a ''Second Look'' conference on March 30 to permit scholars to present the multiple studies that suggest the New Deal and Great Depression are worth taking a look at from every angle. The great shame here is that Conrad would have added much to this event, and yet he cannot attend."

Biographies and portrayal in popular culture

The documentary film ''Citizen Black'', which premiered at the 2004 Montreal and Cambridge film festivals, traces Black's life and filmmaker Debbie Melnyk's attempts in 2003 to interview Black, and her eventual interview. US prosecutors subpoenaed unused footage of a 2003 shareholders meeting for use in Black's trial.

Canadian actor Albert Schultz portrayed Black in the 2006 CTV movie ''Shades of Black''.

Tom Bower's biography ''Conrad and Lady Black: Dancing on the Edge'' (ISBN 0007232349) was published in 2006 by Harper Collins. It was republished in August 2007 with an additional chapter reporting on the trial and its outcomes.

There is talk of two dramas based on his life: one from Tom Bower and Andrew Lloyd Webber and another from Alistair Beaton.

The last authorized portrait busts of Conrad Black and Barbara Amiel were created between 2001–2002 by Canadian sculptor Dr. Elizabeth Bradford Holbrook and arranged by noted Canadian artist Christian Cardell Corbet who himself also created a portrait of Black.

A book "Robber Baron: Lord Black of Crossharbour" was published in 2007 by ECW press and written by George Tombs. ISBN 978-1-55022-806-9

References

External links

SEC – Breeden Report Complete 512-page copy of the Report of Investigation by the Special Committee of the Board of Directors of Hollinger International Inc.*The United States vs. Conrad Black collected coverage in ''Macleans.ca''*The United States vs. Conrad Black collected coverage in ''Macleans.ca''

Lord Black of Crossharbour: The Life and Times of Conrad Black, ''CBC.ca'', documentary originally aired 24 March 2005

"Conrad Black's apologia for Richard Nixon": a review in the TLS by Anthony Holden, August 8, 2007

Conrad Black profile from ''RightWeb''

Conrad Black at IdeaCity on CITY-TV

A Conrad Black timeline, thestar.com, May 11, 2007

Links to Appeal Court Oral Arguments (mp3) and Opinion (pdf)

Conrad Black's full-length jail diary

From my cell I scent the reeking soul of US justice

An interview with Conrad Black from Coleman Federal Correction Complex, May 2010

Category:1944 births Category:British biographers Category:British businesspeople Category:British people imprisoned abroad Category:British historians Category:British mass media owners Category:British newspaper publishers (people) Category:British politicians convicted of fraud Category:British Roman Catholics Category:Canadian Business Hall of Fame Category:Canadian expatriates in foreign political positions Category:Canadian monarchists Category:Canadian newspaper publishers (people) Category:Newspaper publishers (people) Black of Crossharbour Category:Canadian white-collar criminals Category:Carleton University alumni Category:Converts to Roman Catholicism from atheism or agnosticism Category:Historians of the United States Black of Crossharbour Category:Living people Category:McGill University alumni Category:Members of the Queen's Privy Council for Canada Category:Officers of the Order of Canada Category:People convicted of obstruction of justice Category:People from Montreal Category:People from Toronto Category:Prisoners and detainees of the United States federal government Category:Université Laval alumni Category:Upper Canada College alumni Category:Writers from Ontario

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