Those of us practicing unfair competition law often find ourselves in a unique spot. When we counsel clients - really, departing employees - we can help shape the facts of a potential lawsuit. Imagine for a second you're a...more
1/30/2013 - Destruction of Evidence Evidence Hallmark Hiring & Firing Misappropriation Non-Compete Agreements Severance Agreements Unfair Competition
In the last installment of my series on temporary restraining orders (TROs), I will discuss some practical problems and considerations for parties who argue these motions in court....more
12/21/2012 - Non-Compete Agreements TRO Unfair Competition
Last Saturday, I discussed a difficult procedural issue concerning TROs - appellate rights....more
12/20/2012 - Non-Compete Agreements TRO Unfair Competition
As reported in Crain's Chicago Business on Monday, Merge Healthcare Inc. has filed suit against rival Medstrat for allegedly using unfair means to target a specific group of clients. Merge and Medstrat are competitors in the...more
11/28/2012 - Disparagement First Amendment Injunctions Medical Euipment Medstrat Merge Healthcare Inc. Unfair Competition
Employees aren't equipped with an overwhelming array of weapons to fight back anticompetitive lawsuits. I have written many times on this blog about this topic. In this author's view, the legal system works most...more
11/24/2012 - Abuse of Process Anti-Competitive Non-Compete Agreements Restraint of Trade Trade Secrets Unfair Competition
I rely entirely on John Marsh of Hahn Loeser to provide details on one of the year's most important competition cases, American Chemical Society v. Leadscope. For this post, the holding is relevant in that it establishes - at...more
9/27/2012 - Fee-Shifting Statutes Malicious Prosecution Misappropriation Trade Secrets Unfair Competition Uniform Trade Secrets Acts
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