Civil Remedies, Intellectual Property, Labor & Employment Law

Governor Signs New Trade Secrets Law

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

On May 2, 2013, Governor Perry signed the Texas Uniform Trade Secrets Act into law. So, let’s cut right to it. ...more

Florida Court Reverses Preliminary Injunction On Restrictive Covenant

by Peter C. Vilmos | Burr & Forman on 4/24/2013

If you have followed this blog, then you likely already know that restrictive covenants are legal and enforceable in Florida. You should also know that – although enforceable – restrictive covenants are strictly construed...more

Employers Just Get No Satisfaction: NH Enacts Law Restricting Use Of Non-Compete Agreements

by Downs Rachlin Martin PLLC on 4/23/2013

Employers in New Hampshire now must comply with further restrictions on their ability to enforce non-compete and anti-piracy agreements. Venturing further into the already murky area of the enforceability of such agreements,...more

Settlements (Part 2 of 3): 5 Reasons Non-Compete Cases Should (and Do) Settle

by Kenneth Vanko | Clingen Callow & McLean, LLC on 4/12/2013

On Monday, I offered several reasons why non-compete cases don't settle. Today I flip this concept around. It is true most non-compete cases do settle, a reflection that business cases get resolved for pure economic...more

Federal Law Provides Enhanced Trade Secret Protection for Employers

by David Johnson | Butler, Snow, O'Mara, Stevens and Cannada,... on 4/12/2013

Most people know that an employee who misuses his employer’s confidential information may be subject to damages in a civil lawsuit. Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a...more

Live Events Agency Sues Former Employees And Independent Contractor For Breach Of Non-Solicitation Agreements

by John Paul Nefflen | Burr & Forman on 3/27/2013

On March 18, 2013, TBA Global, LLC, a live events market and communications agency, sued LEO Events, LLC and several of its owners for breach of non-solicitation agreements and misappropriation of TBA’s trade secrets and...more

Speaking Of . . . Trade Secrets - Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

by Walter Judge | Downs Rachlin Martin PLLC on 3/15/2013

When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both. What’s an appropriate measure of damages when your trade secrets are...more

Trade Secrets Injunction Order Demonstrates Difficulty of Balancing Competing Interests

by Kenneth Vanko | Clingen Callow & McLean, LLC on 3/4/2013

One of the more difficult aspects of trade secrets law is determining how long to enjoin competitive conduct that infringes trade secret rights of the owner....more

News From Our Own Vermont Backyard: Proposed Legislation On Password Privacy And Ownership Of Inventions

by Matthew Borick | Downs Rachlin Martin PLLC on 2/25/2013

Last month the Vermont Legislature kicked off its 2013-2014 Legislative Session, and already a couple of bills have our attention here at the IP Stone....more

Some Thoughts On Pursuing Expedited Discovery

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/21/2013

Most non-compete (and some trade secrets) cases are effectively decided at the preliminary injunction stages. For counsel, this means that a significant part of the lawsuit must be tried quickly and with great efficiency....more

Ninth Circuit Vacates MGA's Trade Secrets Counterclaim Award

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/18/2013

The long-running dispute between Mattel and MGA Entertainment is one of the most notable, costly competition cases of the last decade. As most readers probably know, Mattel makes the popular Barbie line of dolls and sued its...more

Non-Compete Case Law Update: The Mildly Interesting, But Useful, Edition

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/12/2013

The new year is off to a pretty big start. We've already seen significant decisions from federal appellate courts on criminal trade secrets prosecutions and the epic Mattel/MGA "Bratz" dolls dispute. We have a looming debate...more

Hallmark Recoups Former Executive’s Severance Pay Seven Years after Separation Agreement

by Mary Theresa Metzler, Claire Ana-Perot Tracey | Ballard Spahr LLP on 1/22/2013

Seven years after entering into a separation agreement with one of its executives, Hallmark Cards, Inc. brought suit against the former employee, seeking a “full refund” of the $735,000 severance it paid her....more

NEW JERSEY CHANCERY DIVISION DECISION PROVIDES TEXTBOOK EXAMPLE OF HOW NOT TO PART WAYS WITH AN EMPLOYER AND START YOUR OWN...

by Kevin O'Connor on 1/17/2013

In my prior blogs I’ve addressed the legal remedies available to employers when employees violate confidentiality agreements or restrictive covenants, and unfairly compete. A new opinion by Judge Frederic Kessler, P.J. Ch....more

Confidentiality and Invention Assignment Agreements Enforceable Against Former Employee

by Richard Raysman | Holland & Knight LLP on 1/14/2013

Generally speaking, noncompete agreements are often rigidly construed by courts and reviewed in terms of whether they are reasonably limited with respect to time and place. On the other hand, confidentiality agreements and...more

Who Owns Your Twitter Account?

by Arianna Gleckel | Bean, Kinney & Korman, PC on 1/14/2013

Do you have a Twitter account for your business that your employees access? Do any of your employees’ tweet using a Twitter handle that includes your company’s name? If so, you need to update your social media policy in order...more

German Federal Labor Court Dismisses 46 Million Euro Claim for Unlawful Solicitation of Employees

by Ulrich Wahlers | Orrick - Global Employment Law Group on 1/9/2013

The solicitation of employees by competitors is a frequent problem for companies in Germany. Many companies actively pursue a so-called “war for talents” and sometimes unlawful means are used for the purpose of soliciting...more

United Health Services Wins $6.9 Million Verdict In Non-Compete Claim Against Acadia Healthcare

by John Paul Nefflen | Burr & Forman on 1/2/2013

On December 22, 2012, ModernHealthcare.com reported that United Health Services (“UHS”), based in King of Prussia, Pennsylvania, won a $6.89 million jury verdict against Acadia Healthcare (“Acadia”), a healthcare company...more

Intellectual Property Rights Include Protection for Trade Secrets

by Robert L. Guehl on 12/21/2012

Many businesses rely on keeping trade secrets confidential. Coca-Cola has successfully kept their formula secret for many years. Apple and Samsung have been embroiled in a lengthy trade secret battle over phones and tablets....more

Watch Your Assets Series Part Four: Key Injunction Strategies

by John C. Glancy, Tobias E. Schlueter | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/12/2012

In this series of blog posts, we have examined the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who have solicited clients...more

Watch Your Assets Part Three: Why and When to Seek Injunctions and Temporary Restraining Orders

by John C. Glancy, Tobias E. Schlueter | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/15/2012

In our last two posts, we identified best practices for ensuring that a company’s house is in order, including the use of narrowly tailored restrictive covenant agreements (Part I) and adopting a company culture and behaviors...more

Permanent Injunctions and The Erie Problem

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/26/2012

God help us all! I am discussing the Erie v. Tompkins case from 1938. This was like the fourth most annoying case from law school, and I thought I left it once and for all in Champaign, Illinois in 1997....more

Case Law Update: The Remedies and Civil Procedure Edition

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/5/2012

This is a much overdue case law update, so it's a little lengthy. But on the upside, it touches on a number of different subjects from around the country....more

High Court May Rule on Computer Law Question

by Nick Akerman on 10/3/2012

On July 26, the U.S. Court of Appeals for the Fourth Circuit became the first circuit to adopt the Ninth Circuit’s holding in U.S. v. Nosal, 676 F.3d 854 (9th Cir. 2012), that the Computer Fraud and Abuse Act does not...more

Cook County Order on Attorneys' Fees Illustrates Factors Used to Assess Bad Faith

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/2/2012

Earlier this year, Judge Mary Anne Mason in the Circuit Court of Cook County awarded attorneys' fees to a prevailing defendant under Section 5(i) of the Illinois Trade Secrets Act. That provision allows for a defendant to...more

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Civil Remedies › Intellectual Property › Labor & Employment Law