Commercial Law & Contracts, Labor & Employment Law, Intellectual Property

Steps To Consider Before Hiring An Employee from A Competitor To Minimize The Likelihood Of Litigation

by Thomas Dye | Carlton Fields on 5/10/2013

Hiring an employee away from a competitor can be a potential legal minefield. It can lead to significant exposure to lawsuits for causes of action including misappropriation of trade secrets, claims of tortious interference...more

Liquor Law Update -- May 2013

by Barbara Darkes, Brian Gregg, Adam Santucci | McNees Wallace & Nurick LLC on 5/8/2013

In This Issue: Employee Tip Pools: Dive In With Caution; Ahhh…Spring; and The Ska/Duclaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer Excerpt from Employee Tip Pools: Dive In With...more

Supreme Court of Georgia Rejects Independent Claim for "Inevitable Disclosure"

by Kenneth Vanko | Clingen Callow & McLean, LLC on 5/8/2013

The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more

FiberCore Case Illustrates Ownership and Transferability of “Shop Rights” to Patented Inventions

by Sam Hudson | Foley Hoag LLP - Trademark, Copyright &... on 5/7/2013

An employer may have rights in a patent on its employee’s invention in three situations...more

Mitigating Theft of Trade Secrets

by Kevin Jackson | Snell & Wilmer L.L.P. on 4/30/2013

In today’s complex global economy, competition is fierce. For many businesses, trade secrets are their single most important and valuable asset, and strong protection of that asset is paramount. In the same regard, trade...more

Three Point Shot - April 2013

by Proskauer Rose LLP on 4/30/2013

The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

Protecting Your Intellectual Property

by Ned Sackman | Bernstein Shur on 4/25/2013

In This Presentation, Ned Sackman, an attorney and member of Bernstein Shur’s Labor and Employment Practice Group, explores ways companies can secure intellectual property using the following tools: • Non-disclosure,...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

Think Your Company's Confidential Information Is Safe? Think Again!

by Christopher Duke | Akerman Senterfitt on 4/10/2013

Password encrypted computers, locked file drawers, swipe cards allowing for restricted access. These are all measures taken by businesses to protect their confidential business information and trade secrets. While these steps...more

Settlements (Part 1 of 3): 5 Reasons Non-Compete Cases Shouldn't (and Don't) Settle

by Kenneth Vanko | Clingen Callow & McLean, LLC on 4/9/2013

Every judge, lawyer, and litigant is probably familiar with the maxim that most civil cases settle. That's undoubtedly true. But some classes of suits are better positioned to settle than others. In non-compete and other...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

Does Your Company Really Own Its Intellectual Property?

by The R. Bernard Law Group on 3/27/2013

One of the most common pitfalls we see with startups is the failure to either properly register or assign the company’s intellectual property. This detail is often lost in the desire to move forward with fundraising attempts...more

Distribution in China – Legal Issues Part IV. Drafting the Distribution Contract

by John Huang, Kevin Qian, Frank Schoneveld | McDermott Will & Emery on 3/21/2013

“Distribution in China – Legal Issues” is a four-part series. Part I discussed the business models and legal structures most commonly used for distribution in China. Part II looked at important issues to consider in the...more

BLG Monthly Update March 2013

by Neil Guthrie on 3/18/2013

Fake judgments, fashion law, lots on contracts and privilege in the BLG Monthly Update for March 2013!...more

Protecting Your Closely Held Business

by Peter C. Vilmos | Burr & Forman on 3/6/2013

A client recently came to me with a problem lawyers often hear: the client’s family-owned business needed to hire new employees to keep up with the growth. In particular, the company needed additional sales force and...more

Non-Compete and Trade Secret Review for February 2013

by Michael Greco | Fisher & Phillips LLP on 3/5/2013

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

McAfee & Taft tIPsheet - March 2013: Keys to ensuring the secrecy of trade secrets

by Zach Oubre | McAfee & Taft on 3/5/2013

“Three can keep a secret if two are dead.” — Benjamin Franklin. In the shrinking world of social media, privacy seems to be an all but forgotten concept. But in the world of business, trade secrets are critical to...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

BLG Monthly Update for Feb. 2013

by Neil Guthrie on 2/28/2013

Workers' comp for sex on the job, tattoos in the workplace, neat contracts cases: all this and more in the BLG Monthly Update for Feb. 2013...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

Orrick World: A Quarterly Report of Global Employment Law Issues for Multinationals - February 2013

by Elizabeth Cole, Mike Delikat, Christine Guillot-Bouhours, Yumiko Ohta, Gary Siniscalco, Nicola Whiteley | Orrick, Herrington & Sutcliffe LLP on 2/19/2013

In This Issue: - Asia Employment Law Update - France Employment Law Update - UK Employment Law Update - United States Employment Law Update...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

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Commercial Law & Contracts › Labor & Employment Law › Intellectual Property