A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more
8/21/2024
/ Administrative Agencies ,
Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
LinkedIn has become a key part of the business world for workers and employers alike. The platform can aid your recruitment efforts, company branding, and business development. But the world’s largest professional networking...more
5/31/2024
/ Employer Liability Issues ,
Former Employee ,
Hiring & Firing ,
Job Applicants ,
LinkedIn ,
Non-Solicitation Agreements ,
Protected Concerted Activity ,
Recruitment Policies ,
Social Media ,
Social Media Policy ,
Trade Secrets
Employers should review their non-compete agreements now that the NLRB General Counsel announced that many of them violate federal labor law – regardless of whether you have a unionized workforce. General Counsel Jennifer...more
When the federal government proposed a rule that would ban most non-competition agreements, many employers lined up with questions and concerns about the scope of the proposal and what it might mean for their day-to-day...more
Colorado lawmakers just passed a law that will bring dramatic change to the non-compete landscape by significantly limiting the circumstances under which restrictive covenants may be used – virtually ending the practice of...more
5/12/2022
/ Colorado ,
Employer Liability Issues ,
Employment Contract ,
Forum Selection ,
Hiring & Firing ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Notice Requirements ,
Restrictive Covenants ,
State Labor Laws
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
3/16/2022
/ Biometric Information ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Policies ,
Financial Services Industry ,
Former Employee ,
Hiring & Firing ,
Labor Relations ,
Mental Health ,
Metaverse ,
NLRB ,
Non-Compete Agreements ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
Ransomware ,
Reasonable Accommodation ,
Remote Working ,
Restrictive Covenants ,
State Privacy Laws ,
Trade Secrets ,
Union Organizers ,
Unions ,
Virtual Meetings
We’re living at a time when a unique convergence of multiple trends is ensuring that autonomous vehicles (AVs) will soon change life as we know it. On the technology side, vehicles are trending towards being electrified and...more
10/1/2018
/ Artificial Intelligence ,
Automotive Industry ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Driverless Cars ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Former Employee ,
Gig Economy ,
Government Agencies ,
Intellectual Property Protection ,
Motor Vehicles ,
OFCCP ,
Popular ,
Private Equity ,
Technology Sector ,
Trade Secrets ,
Transportation Industry ,
Unfair Competition ,
Venture Capital ,
Wage and Hour ,
Workplace Safety
The simplest, most valuable, yet commonly overlooked piece of advice any trade secret owner can receive is this: Protect yours trade secrets! It seems crazy that this simple advice warrants repeating, but apparently, it does,...more
2/26/2018
/ Confidential Information ,
Confidentiality Agreements ,
Data Protection ,
Data Security ,
Employee Training ,
Employer Liability Issues ,
Former Employee ,
Intellectual Property Protection ,
Restrictive Covenants ,
Trade Secrets ,
Voluntary Self-Audit ,
Written Agreements
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
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
Maybe the third time is the charm. After trying twice before, Congress is making another run at creating a federal claim for trade secret misappropriation. A bipartisan group of legislators from both congressional chambers,...more
8/3/2015
/ 3M Company ,
Attorney's Fees ,
Boeing ,
Boston Scientific ,
Chamber of Commerce ,
Compliance ,
Defend Trade Secrets Act (DTSA) ,
Eli Lilly ,
General Electric ,
Honda ,
IBM ,
Johnson & Johnson ,
Medtronic ,
Misappropriation ,
National Association of Manufacturers ,
Nike ,
Preemption ,
Procter & Gamble ,
Siemens ,
Statute of Limitations ,
Supremacy Clause ,
Trade Secrets ,
Treble Damages ,
Uniform Trade Secrets Acts
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
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
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
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
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
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
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
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
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
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
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
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
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
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