Jennifer Rubin

Jennifer Rubin

Mintz Levin

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Keep Your Hands Off the Customers … and the Cows

A federal district court in Washington has confirmed that an employer’s relationship with the cows that its employees serviced is insufficient to establish a legitimate protectable interest to enforce a non-compete....more

10/20/2014 - Corporate Counsel Employer Liability Issues Former Employee Non-Compete Agreements Void and Unenforceable Wage and Hour

California Raiders … Not the Football Kind

In a pair of recent decisions, two courts interpreting California’s quirky non-compete law confirm that employee non-recruitment covenants in California are enforceable – but only if those covenants are necessary to prevent...more

10/8/2014 - Corporate Counsel Employer Liability Issues Former Employee Hiring & Firing Non-Compete Agreements Recruitment Incentives Recruitment Policies

Employee’s LinkedIn Contacts Once Again Become Focus of Trade Secrets Claim

Following up on the piece I wrote with Jim Ninivaggi, “Whose LinkedIn Profile is it Anyway,” the information contained in an employee’s LinkedIn contacts were discussed in the context of trade secrets in a recent California...more

9/22/2014 - Corporate Counsel Misappropriation Popular Social Networks Trade Secrets

PLEADING A NON-COMPETE CLAIM: Sometimes the Bare Minimum Is Just Enough

There is no such thing as “per se” unenforceability of non-compete agreements (with a few notable exceptions). Instead, a court will enforce a non-compete if it meets whatever criteria a particular jurisdiction establishes –...more

8/6/2014 - Corporate Counsel Non-Compete Agreements Restrictive Covenants

Interfere at Your Own Risk: Legal Fees Awarded as Damages for Violating A Non-Compete Agreement

We all know the default American Rule for attorneys’ fees: unless you get fees in a contract or from a statute, you shouldn’t count on someone else paying the freight if you win your case. But a recent non-compete case brings...more

8/1/2014 - American Rule Attorney's Fees Corporate Counsel Employer Liability Issues Former Employee Hospitals Johnson & Johnson Non-Compete Agreements Restrictive Covenants St Jude Medical Center

Back to the Basics: Non-Compete Lost to a Superseding-Agreement Clause

With so much focus on the reasonableness of restrictive covenants, it’s easy to forget that non-competes are plain old contracts—nothing more. And when it comes to enforcing non-competes, basic contract law still applies....more

7/16/2014 - Employer Liability Issues Non-Compete Agreements Restrictive Covenants

5 Attributes of a Successful Non-Compete Agreement

Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back....more

6/30/2014 - Employment Contract Hiring & Firing Legal Perspectives Non-Compete Agreements Popular Trade Secrets

California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims

The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the...more

6/30/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA SCOTUS Trucking Industry

Non-Courtside Madness? Resume Fraud Costs Manhattan Coach Steve Masiello From Securing South Florida Coaching Job

Our attention on the NCAA college basketball tournament was temporarily diverted by the non-courtside drama that played out this week when the University of South Florida revoked its head coaching offer to Steve Masiello...more

3/27/2014 - Coaches Fraud NCAA Sports

Understanding and Mitigating Liability for Workplace Romances

The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there are legal implications to workplace romances. Once they become unpleasant or...more

2/17/2014 - Employer Liability Issues Sexual Harassment Workplace Romances

Proactive Strategies to Reduce Post-Employment Covenant Risks

While many people hired in today’s market are subject to some post-employment covenants, that doesn’t mean an employee subject to restrictions presents any more of a litigation risk than a contractually unrestricted new hire....more

9/23/2013 - Employer Liability Issues Non-Compete Agreements Restrictive Covenants

Understanding and Mitigating Liability for Workplace Romances

Originally published in the New York Law Journal on December 26, 2012. The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there...more

1/16/2013 - Anti-Harassment Policies Love Contracts Sexual Assault Sexual Conduct Sexual Harassment Workplace Romances

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