John Paul Nefflen

John Paul Nefflen

Burr & Forman

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Labor & Employment E-Note - June 2016

The scope of the federal Defend Trade Secrets Act enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employer's asset protection and enforcement program is quite significant. Please...more

6/22/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) DOL Employment Contract Ex Parte FLSA Intellectual Property Protection Minimum Salary Misappropriation New Legislation Non-Compete Agreements OSHA Over-Time Private Right of Action Trade Secrets Wage and Hour Whistleblower Protection Policies White-Collar Exemptions Workplace Injury Workplace Safety

Health Care E-Note - June 2016

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil...more

6/20/2016 - Certificate of Need Controlled Substances Cyber Attacks Cybersecurity Data Breach Ex Parte Health Care Providers HIPAA HIPAA Audits HIPAA Breach Non-Compete Agreements OCR Opioid Pharmaceutical Industry PHI Prescription Drugs Ransomware

Labor & Employment E-Note - March 2016

Are your cell phone policies as outdated as your original iPhone? Cell phones have become common place in today’s workplace and employers must consider the legal risks they pose. Thus, if you haven’t revisited your policies...more

3/21/2016 - ADA Cell Phones Employment Policies FMLA Hiring & Firing Minimum Wage Mobile Devices Non-Compete Agreements Wage and Hour

Better Think Twice About Enforcing A Non-Compete

Over the last couple of years, there has been an increase in employees striking back against employers trying to enforce non-compete agreements.  In those cases, the employee argues that his former employer has interfered...more

2/29/2016 - Employer Liability Issues Employment Contract Hiring & Firing Non-Compete Agreements

Continued Employment is Enough for a Severance Agreement

Here’s one where the tables were turned. Former employees often argue that a non-compete agreement is unenforceable because there was inadequate “consideration.” Consideration is the exchange parties to a contract make, what...more

2/10/2016 - Commercial Contracts Hiring & Firing Non-Compete Agreements Severance Agreements

Labor And Employment E-Note - November 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990... Please see full E-Note below for more...more

11/30/2015 - Arbitration FMLA NLRB Non-Compete Agreements OSHA Penalties Same-Sex Marriage Unions Wage and Hour White-Collar Exemptions

Concerns Over Economic Growth Leads Some States To Limit Non-Compete Agreements

The Wall Street Journal recently reported a more than 60% rise in non-compete litigation over the past decade....more

8/21/2013 - Non-Compete Agreements

Analysis Of A Winning Argument For Enforcing A Non-Compete Agreement At The Preliminary Injunction Stage

On December 18, 2012, the United States District Court for the Western District of Tennessee entered an Order granting an employer’s application for a preliminary injunction preventing its former employees from soliciting the...more

2/13/2013 - Non-Compete Agreements Non-Solicitation Agreements Preliminary Injunctions Public Interest

United Health Services Wins $6.9 Million Verdict In Non-Compete Claim Against Acadia Healthcare

On December 22, 2012, ModernHealthcare.com reported that United Health Services (“UHS”), based in King of Prussia, Pennsylvania, won a $6.89 million jury verdict against Acadia Healthcare (“Acadia”), a healthcare company...more

1/2/2013 - Misappropriation Non-Compete Agreements Trade Secrets

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