Michael Greco

Michael Greco

Fisher Phillips

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New Federal Trade Secret Statute Requires Important Updates To Contracts And Policies

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover...more

7/6/2016 - Bring Your Own Device Contract Drafting Defend Trade Secrets Act (DTSA) Employment Contract Misappropriation Non-Disclosure Agreement Notice Requirements Separation Agreement Whistleblower Protection Policies

Employers, Beware: New Federal Trade Secrets Law Contains A Hidden Trap

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover...more

5/13/2016 - Defend Trade Secrets Act (DTSA) Employment Contract Misappropriation Trade Secrets Whistleblower Protection Policies

Top Ten Things to Do When an Employee Resigns to Join a Competitor

When an employee resigns to join a competitor, it is important to respond promptly. Odds are that the employee has been orchestrating his or her departure for weeks or months. The security of your trade secrets and/or...more

7/6/2015 - Best Management Practices Competition Data Protection Hiring & Firing Popular Resignation Trade Secrets

Top Ten Mistakes Made by Departing Employees

Recently, I wrote about the top ten things a company should do when an employee resigns to join a competitor. But what about the flip side of that coin? What mistakes should be avoided by departing employees and the firms...more

7/6/2015 - Confidential Information Exit Interviews Former Employee Popular Resignation

Federal Trade Secret Legislation Proposal Gains New Life

The prospects for federal trade secret legislation has heated up again as there appears to be bipartisan support for a new bill. After failing in previous years, Senator Coons (D) recently joined forces with Senator Hatch (R)...more

5/7/2014 - Corporate Counsel Employment Policies Federal Jurisdiction Legislative Agendas New Legislation Public Comment Trade Secrets Uniform Trade Secrets Acts

FAQ's on FINRA's Broker Compensation Proposal

On March 10, 2014, FINRA filed proposed Rule 2243 with the SEC. The proposed rule would require firms and registered reps to disclose certain financial incentives offered to reps in connection with a change in employment and...more

4/2/2014 - Brokers Disclosure FINRA SEC

Opinion: Bad Facts Make Bad Law, Especially in Non-Compete Cases

A non-compete agreement that prohibited a former sales rep from working for a competitor in any capacity, “even as a custodian,” is overly broad and unenforceable. At least that’s what a North Carolina Court of Appeals...more

2/13/2014 - Non-Compete Agreements Restrictive Covenants Unfair Competition

There Must be Proof in That Trade Secret Pudding

Okay, maybe the word "proof" is a bit too strong. But a recent decision from the United States District Court for the Middle District of Florida makes clear that trade secret claims must be based upon more than mere...more

2/11/2014 - Evidence Trade Secrets

Sometimes Noteworthy Non-Compete Decisions Have No Non-Competes

As a non-compete litigator, I often scan the case reports looking for noteworthy non-compete decisions. In doing so, I look for the usual buzzwords of interest -- non-compete, trade secret, preliminary injunction, etc. But...more

2/4/2014 - Atlantic Marine Construction Company Non-Compete Agreements Preliminary Injunctions Restrictive Covenants Trade Secrets

Send a non-compete demand letter – buy yourself a lawsuit?

When employers seek injunctive relief to enforce a restrictive covenant, nearly every judge begins the injunctive hearing with the same question: What efforts did you make to resolve this matter? Judges encourage settlement;...more

1/28/2014 - Confidential Information Employer Liability Issues Non-Compete Agreements Restrictive Covenants

Twas the Night Before Christmas -- Non-Compete Style

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could...more

12/19/2013 - CAFA Confidential Information Consideration Contract Drafting General Solicitation Holidays Injunctions Non-Compete Agreements Non-Disclosure Agreement Sensitive Business Information Trade Secrets

Implementing a Trade Secrets Protection Program

In the business world, protection of trade secrets can make the difference between success and failure, or profit and loss. This post seeks to show you how to protect your company’s trade secrets so that in the event one of...more

11/6/2013 - Confidential Information Corporate Counsel Data Protection Non-Compete Agreements Non-Disclosure Agreement Restrictive Covenants Trade Secrets

Excuse Me Judge, Could I Be Heard On That?

A few months ago, I filed a motion for a TRO on behalf of a client. I thought I had a pretty rock-solid case. My client had discovered that in the weeks and months leading up to the resignation of a former employee, the...more

10/24/2013 - Injunctions Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants Trade Secrets TRO

Employees: Don't Play Cute With Non-Solicitation Obligations!!

Many employers are applauding a recent decision issued by the U.S. Court of Appeals for the First Circuit, which rejected an employee’s argument that as a matter of law he could not have solicited clients who called him...more

10/7/2013 - Compliance Employer Liability Issues Non-Solicitation Agreements

Don't Chase Your Tail in Pursuit of the "Perfect Non-Compete"

I recently read an article in which some talented lawyers did a nice job summarizing a few recent conflicting cases in Massachusetts. In Interpros, Inc. v. Athy, a Massachusetts court held that a new restrictive covenant must...more

7/22/2013 - Employer Liability Issues Non-Compete Agreements Restrictive Covenants

Mediating Non-Compete Disputes in the Medical Device Industry

The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth...more

3/18/2013 - Mediation Medical Devices Non-Compete Agreements

Non-Compete and Trade Secret Review for February 2013

February 2013 was an active month in the world of non-competes and trade secrets, and if we read the tea leaves, it looks like things are only going to get busier. Before I recap some of February's highlights and direct you...more

3/5/2013 - Due Diligence Forum Selection Non-Compete Agreements Private Equity Trade Secrets Warren Buffet

What's New in the World of Non-Competes and Trade Secrets?

As January draws to a close, we figured it seemed like a good time to take stock of where things stand in the world of non-competes and trade secrets....more

1/28/2013 - Aaron Swartz Computer Fraud and Abuse Act (CFAA) NLRB Non-Compete Agreements Trade Secrets

What Can the NHL Lockout Teach Us About Mediating Non-Compete and Trade Secret Disputes?

After 113 days, the NHL lockout ended with the NHL and its players association reporting that they have reached a tentative deal. Although they say that a lot of i's need to be dotted and t's need to be crossed, it looks as...more

1/7/2013 - Lockouts Mediation NHL Non-Compete Agreements Trade Secrets Unions

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