John Birmingham Jr.

John Birmingham Jr.

Foley & Lardner LLP

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Recent Developments Again Call for Timely Review of Restrictive Covenants

We have suggested before that employers should view non-competition and other restrictive agreements as “live” documents, warranting regular examination to ensure they are deployed with appropriate precision and account for...more

6/29/2016 - Amended Legislation Confidentiality Agreements Defend Trade Secrets Act (DTSA) Immunity New Legislation NLRB Non-Compete Agreements Notice Requirements Protected Concerted Activity Restrictive Covenants Trade Secrets Whistleblowers

Increasing Legal Scrutiny of Website Accessibility in the Real Estate Industry

From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits...more

6/6/2016 - ADA Attorney-Client Privilege Audits Class Action DOJ Fair Housing Act (FHA) Public Accommodation Real Estate Market Title II Website Accessibility

NLRB Calls Audible — No Union for Northwestern

Over a year ago, the regional office of the National Labor Relations Board (NLRB) in Chicago concluded that scholarship athletes on the Northwestern University football team were “employees” within the meaning of the National...more

8/27/2015 - Employees Football Jurisdiction NCAA NLRB Northwestern University Unions

Feds Fast-Forward "Fissured" Focus

As David Weil, the still relatively new United States Department of Labor (DOL) Wage and Hour Administrator describes it, an industry is “fissured” when large companies no longer directly employ the workers that produce their...more

3/11/2015 - Construction Industry Corporate Counsel DOL Franchises Hospitality Industry Labor Contractor Restaurant Industry Strategic Enforcement Plan Subcontractors

Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications....more

9/16/2014 - Ban the Box Criminal Background Checks Criminal Records EEOC Employer Liability Issues Hiring & Firing Job Applicants

Have Your Safeguards for Protecting Confidential Information Kept Pace With Your Next-Generation Manufacturing Processes?

Today’s next-generation manufacturing is marked by speed and technology. However, technology can be a double-edged sword. On one hand, technological innovations and advancements have resulted in a manufacturing resurgence in...more

12/9/2013

Anti-“Corporate Raiding” Agreements Present Their Own Concerns

Facing stiff competition for talent and a mobile work force, several technology companies located in Silicon Valley allegedly made a pact not to recruit each other’s employees including agreeing not to “cold call” employees....more

10/8/2013 - Anti-Raiding Class Action Competition DOJ Silicon Valley

Asset Acquisition Comes With Unexpected FLSA Pain

Some bargains are not as they seem. An asset-acquiring Company discovered this the hard way in Teed v. Thomas & Betts Power Solutions. In the case, at an auction, Thomas & Betts purchased the assets of a company in...more

4/10/2013 - FLSA Successor Liability

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