On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating a federal civil right of action for the theft of trade secrets. Until now, trade secrets had been protected only at...more
5/20/2016
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Notice Requirements ,
Private Right of Action ,
State Law Claims ,
Trade Secrets ,
UTSA ,
Whistleblower Protection Policies
Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more
4/5/2016
/ Ban the Box ,
Best Practices ,
Conditional Job Offers ,
Criminal Background Checks ,
Disclosure Requirements ,
Employment Application ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Multistate Corporations
Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more
The Department of Labor (DOL) recently issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)....more
Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more
A recent federal court of appeals decision endorses consequential damages exclusions in commercial contracts, and makes clear that such limitations are enforceable under North Carolina law.
The United States Court of...more
The United States Supreme Court recently provided a framework to evaluate whether an employer has violated the Pregnancy Discrimination Act (PDA) under Title VII by failing to accommodate an employee who has a...more
In the coming weeks, the European Parliament will debate and is expected to pass a trade secret directive for European Union (EU) Member States that aims to harmonize and strengthen trade secret law throughout the EU, a...more
In a contract governed by federal law, does “The End” really mean “The End”? Some federal courts have said “no,” but the U.S. Supreme Court has just said “yes.”
Most contract cases in federal court involve the...more
In a contract governed by federal law, does “The End” really mean “The End”? Some federal courts have said “no,” but the U.S. Supreme Court has just said “yes.”
...more
Trade secrets constitute the only category of intellectual property that is governed primarily by state law. This status may soon change—two bills, House Bill 5233 and Senate Bill 2267 were introduced in Congress last term to...more