Intellectual Property Labor & Employment

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Hiring From a Competitor? Play Defense to Limit Trade Secret Risk

When discussing trade secrets and strategies to protect valuable proprietary information, most companies focus on their outbound risk. In other words, companies pay close attention to protecting their own valuable trade...more

New Guidance Regarding Employee Handbooks Part Three: How Much Do Employers “Own” Their Logo, Copyright and Trademark?

The National Labor Relations Act (NLRA) restricts all employers from issuing policies or rules – even if well-intentioned – that inhibit employees from engaging in activities protected by the act, such as discussing wages,...more

Don't Let the Door Hit You … Oh, and I Have a Few Questions Before You Go

Regardless of how great you are as an employer, not all of your employees will stick around forever, especially your most valuable employees. If the employee is valuable to you, you can be sure he or she would be just as...more

Can You Keep a Secret? The SEC Says to Ask Carefully

Employers have a lot to be worried about. Employees are given access to trade secrets, customer lists, financial accounts, and other highly sensitive, confidential information. Most employers attempt to deter improper use of...more

New Arkansas Law Boldly Embraces Noncompetition Provisions

On April 2, 2015, Arkansas enacted a new law (the Act) that greatly expands the enforceability of noncompete agreements in the state. The Act makes striking changes to Arkansas non-compete law. ...more

Protecting Trade Secrets Insufficient to Enforce Covenant Not to Compete in Any Capacity Worldwide - NanoMech, Inc. v. Suresh

Addressing the enforceability of a non-compete agreement to protect trade secrets, the U.S. Court of Appeals for the Eighth Circuit upheld a ruling finding that a non-compete agreement which prevented the employee from...more

Former Customers as a Legitimate Business Interest?

When do former customers constitute a legitimate business interest? In a sale of business context, the short answer is, “Pretty much all of the time.” The purchaser of assets and goodwill of a business can, by...more

NLRB Report Targets Unlawful Employer Handbook Rules

On March 18, the National Labor Relations Board's Office of the General Counsel (OGC) published a Report Concerning Employer Rules that discusses a variety of employee handbook rules addressed by the board in recent cases....more

15 Things To Do To Protect Value After April 15

April 15, a date that lives in infamy. That is what FDR said about December 7, 1941, but many people feel the same way about April 15, also known as “Tax Day”. No one likes paying money to the IRS, even those persons who...more

Navigating Non-Competes When a Worldwide Presence Is the New Norm

Businesses that compete globally are once again reminded of the need to avoid overreaching when requiring employees to sign non-compete agreements. Earlier this year, the Court of Appeals for the Eighth Circuit affirmed a...more

Think Your Handbook Is Legally Compliant? NLRB Says, “Think Again”

In the most recent memorandum issued by the General Counsel (“GC”) of the National Labor Relations Board (“Board”) regarding workplace policies, memorandum GC 15-04, the Board offers employers new guidance on how to craft...more

NLRB General Counsel Releases Memorandum on Unlawful Employer Policies

In our prior alert, we notified you of the National Labor Relations Board’s (NLRB) decision to overturn an administrative law judge’s (ALJ) ruling, finding that a confidentiality agreement had violated employee rights under...more

Sports, Media and Entertainment Intelligence - April 2015 (Global)

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

It's Time to Start Planning Your Summer

It is hard to believe that the 2014/15 school year is coming to a close. Summer projects beckon. So, what should be on the list for your summer (other than some vacation time)? Ideally, if you haven’t done it lately, you...more

The Latest in Labor Law - New Handbook Rules for All Employers

The federal National Labor Relations Board (NLRB) is at it again. This time, the Board’s general counsel has issued a March 18, 2015, Report Concerning Employer Rules. The Report is a detailed document setting forth the...more

Social Media in the Context of Post-Employment Litigation

At the frontier of post-employment litigation is the issue of how to address social media contacts and communications. To date, while courts in other jurisdictions, such as California and Colorado, have passed on such...more

"Guidance" That Does Not Guide: NLRB General Counsel Issues Interpretations of Common Employee Handbook Policies

We have not exactly been shy in expressing concern regarding many of the National Labor Relations Board’s (NLRB) recent actions, nor hesitant to opine that its actions appear purposefully designed to advantage unions and...more

NLRB Issues Guidance on Employee Handbooks

The National Labor Relations Board (“NLRB”) has recently been aggressive in its enforcement of the National Labor Relations Act (“NLRA”) and, in particular, Section 7 of the NLRA, which protects employees’ rights to form or...more

Can your social media contacts be a trade secret of your employer? Maybe.

This is a relatively new legal subject, so there isn’t much law out there.  In December, 2011, a Pennsylvania federal court answered this question in the negative.  In the case of Eagle v. Morgan, Linda Eagle, the founder of...more

Are You Breaking The Rules? NLRB General Counsel Issues Extensive Report On Employer Rules and Handbooks

On March 18, 2015, the General Counsel of the National Labor Relations Board (NLRB) issued a report (General Counsel Memorandum GC 15-04) summarizing recent NLRB enforcement action regarding many common employment policies....more

Did You Know…The Guiding Light on Employer Handbooks — Sort of

Most employers already know they cannot forbid employees from criticizing management, workplace conditions, or discussing salaries in person or on the Internet.  Employers cannot forbid employees from posting comments — both...more

NLRB General Counsel Issues Report Concerning Legality of Common Employer Rules

On March 18, 2015, NLRB General Counsel Richard Griffin issued a Report Concerning Employer Rules, in a stated effort to provide guidance on the intersection of employer rules and the National Labor Relations Act (NLRA). ...more

NLRB Says “Mere Maintenance” of Employee Handbook Rules May Violate the NLRA

In recent years the National Labor Relations Board (NLRB) has aggressively sought to emphasize that its reach extends beyond solely unionized workforces.  On March 18, 2015, NLRB General Counsel Richard Griffin released a...more

NLRB Offers Guidance on Employer Handbook Policies

Over the past several years, employers have struggled to reconcile handbook and other personnel policies with decisions of the National Labor Relations Board. Drawing lines more nice than obvious, the NLRB has invalidated...more

Latest NLRB Social Media Guidance – Helpful or More Confusing?

It’s been a little while since we talked about the NLRB and its feelings on “protected concerted activities” and social media policies. After all, there are other social media and employment law issues worth considering from...more

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