David Johnson

David Johnson

Butler Snow LLP

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Latest Publications


When Does Preparing to Compete Cross the Line?

An employee or former employee who starts preparing to compete with his employer or former may get tripped up in one of two scenarios: (1) breaching a fiduciary duty of loyalty; or (2) running afoul of a noncompete...more

3/4/2017 - Breach of Duty Duty of Loyalty Former Employee Non-Compete Agreements Unfair Competition

Major changes in store for Tennessee wrongful discharge law

Last month, Tennessee Governor Bill Haslam signed into law legislation (Public Chapter 995) that will significantly amend the Tennessee Human Rights Act (“THRA”), the Tennessee Public Protection Act (“TPPA”), and the...more

9/19/2014 - Disability Disability Discrimination Employee Rights Employer Liability Issues Hiring & Firing Termination

Pro Te: Solutio Vol. 6 No. 2

In This Issue: - Forum Non Conveniens: How To Avoid The Tide of Lawsuits Brought by Foreign Nationals - Pro Te Solutio: Product Defense And FDA Compliance - Health Care Strike Force: Uncovering Fraud In The...more

3/15/2014 - Clinical Trials Compliance Diversity FDA Foreign Nationals Forum Non Conveniens Healthcare Fraud HEAT Medicare Fraud Strike Force Rebuttable Presumptions

Effective Use Of Non-Competition/Non-Solicitation Agreements In The Workplace

Few things can be more frustrating to an employer than spending significant resources training a new employee, allowing the employee access to trade secrets, and introducing the employee to customers, only for the employee to...more

9/26/2013 - Employer Liability Issues Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants

Federal Law Provides Enhanced Trade Secret Protection for Employers

Most people know that an employee who misuses his employer’s confidential information may be subject to damages in a civil lawsuit. Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a...more


Panelists Address Future of Labor and Employment Practice

Originally published in the American Bar Association's Labor and Employment Law, Volume 41, Number 1, Fall 2012. Against the backdrop of decades of significant legislation and court battles impacting the workplace,...more

3/12/2013 - Class Action Discrimination EEOC NLRA NLRB Title VII Wages

The Parameters of "Solicitation" in an Era of Non-Solicitation Covenants

Originally published in the ABA Journal of Labor & Employment Law - Volume 28, Number 1, Fall 2012. I. Introduction - "I didn't solicit them; they approached me." That is a common defense invoked by someone accused...more

2/27/2013 - Former Employee Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants Solicitation Provisions

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