Michael Elkon

Michael Elkon

Fisher Phillips

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Latest Publications


Can Non-Compete Agreements Be Classified As Personal Services Contracts?

In Symphony Diagnostic Services No 1 Inc. d/b/a MobilexUSA v. Greenbaum, the Eighth Circuit Court of Appeals tjust addressed an issue that frequently arises in the non-compete context: what happens when a company buys the...more

7/15/2016 - Corporate Counsel Non-Compete Agreements Personal Services Restrictive Covenants Successors

Terminating an Injunction Regarding Confidential Information

Although the Georgia appellate courts have not issued many decisions on the new restrictive covenant statute that went into effect on May 11, 2011, they do continue to issue decisions in the area of protecting confidential...more

6/22/2016 - Confidential Information Home Healthcare Workers Non-Compete Agreements Non-Disclosure Agreement Restrictive Covenants

The Dearth of Restrictive Covenant Case Law in Georgia

It was five years ago this week (May 11, 2011, to be precise) that Georgia's new restrictive covenant statute went into effect. Prior to the effective date of the statute, Georgia was (surprisingly for many out-of-state...more

5/16/2016 - Employment Contract Former Employee Hiring & Firing Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants

The White House is Interested in Non-Compete Reform

President Obama is expected to sign the Defend Trade Secrets Act, which passed with overwhelming, bipartisan support in the House and Senate in recent weeks (and about which we will have a lot more to say in the coming days)....more

5/9/2016 - Employment Contract Non-Compete Agreements Obama Administration Restrictive Covenants Trade Secrets

The NLRB takes another cut at non-disclosure agreements.

In recent years, the National Labor Relations Board has increased its scrutiny of various employer practices, including those of non-unionized employers. Among the areas of scrutiny have been non-disclosure of confidential...more

3/30/2016 - ALJ Confidentiality Agreements Employment Contract Hiring & Firing NLRA NLRB Non-Disclosure Agreement Quicken Loans Section 7

Jawbone v. Fitbit: a Discovery Fight over the Extent of Trade Secret Misappropriation

Jawbone and Fitbit are competitors in the business of selling fitness trackers. As competitors will sometimes do, Fitbit hired a number of employees from Jawbone in 2015. And as competitors sometimes do, Jawbone brought a...more

3/18/2016 - Discovery Fitbit Misappropriation Non-Compete Agreements Popular Trade Secrets Wearable Technology

Arkansas Football and Non-Competes?

Three years ago, we addressed the question of why college football programs do not use non-compete restrictions to prevent coaches from moving to direct rivals. At the time, we mentioned the fact that Arkansas was a program...more

12/8/2015 - College Athletes Football Hiring & Firing Non-Compete Agreements School Sports

Pennsylvania Supreme Court Finds That UWOA Language Does Not Waive Right to Challenge Adequacy of Consideration for Restrictive...

On November 18, 2015, in a highly anticipated decision, the Pennsylvania Supreme Court held that employers could not use the language set forth in Pennsylvania’s Uniform Written Obligations Act (“UWOA”) to avoid providing...more

11/24/2015 - Hiring & Firing Non-Compete Agreements PA Supreme Court Restrictive Covenants Written Agreements

When Employees Solve Problems With Their Fists

Generally speaking, human resources professionals and business executives have become quite adept at dealing with employee claims for illegal harassment. For example, just about any HR manager can provide a definition of a...more

10/6/2014 - Assault Battery Corporate Counsel Harassment Hostile Environment Human Resources Professionals Workplace Violence

Blurring The Line Between Yours And Mine: Best Practices For Bring Your Own Device Policies

Let’s face it: bring-your-own-device (BYOD) situations are here to stay. With the ubiquity of employees having and using smartphones and tablets – devices that have more capacity and processing power than desktop computers...more

6/10/2014 - Best Management Practices Bring Your Own Device Confidential Information Data Protection Employer Liability Issues Employment Policies Hiring & Firing

Healthcare Update, No. 3, August 2013: Protect Your Key Information – And Your Key Relationships

Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional...more

8/5/2013 - Confidential Information Cybersecurity Health Care Providers Healthcare Mobile Devices Non-Compete Agreements Patients Personally Identifiable Information Physicians Restrictive Covenants

Labor Letter, July 2013: Social Media And Trade Secrets

Most employers are well aware of the various implications that the social media explosion has on the workplace. The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for...more

7/1/2013 - Contract Drafting Facebook LinkedIn Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants Social Media Trade Secrets

Labor Letter, May 2013: Workplace Bullying: Will You Know It When You See It?

The media and political figures have paid increased attention to workplace bullying in recent months and years. A simple Google search can confirm this reality. Moreover, legislators in 21 states have introduced bills to...more

5/7/2013 - Workplace Bullying

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