Last month, the Illinois Bar Journal published a feature article I wrote called "Non-Traditional Non-Competes: Designing Non-Competition Agreements to Hold Up in Court."…more
One of the defining characteristics of a state's non-compete law is its application of the blue-pencil rule. Although several variations of the rule exist, states generally fall into one of two camps: those that readily modify…more
Although the Computer Fraud and Abuse Act frequently has been described as extremely broad in reach, it's also important to recognize its limitations.
One of the most substantive, sweeping limitations involves potential…more
Score one for the underdog. In Sergey Aleynikov's latest legal battle against Goldman Sachs, he emerged victorious. Earlier this month, Aleynikov prevailed on summary judgment and obtained an advancement (that is, prepayment) of…more
Ever since the Seventh Circuit decided PepsiCo v. Redmond in 1995, there has been an almost insatiable desire for plaintiff's attorneys to apply the "inevitable disclosure" doctrine to claims of trade secret theft.
One of the most frequently asked questions I get when advising clients is deceptively complex:
What does it mean to solicit a client?…more
When the Appellate Court of Illinois ruled in Fifield v. Premier Dealer Services, Inc. that an employer needed to provide consideration beyond mere employment itself to validate a non-compete, most business (read:…more
When the Georgia General Assembly passed the Restrictive Covenant Act in 2009, it substantially changed the playing field between employers and employees. Under the common law, it was exceedingly difficult for employers to…more
As readers of this blog may know, the "inevitable disclosure" doctrine is a theory of trade secrets misappropriation.
A plaintiff need not show either actual or threatened misappropriation if it can prove that it's…more
There's a perception that anything written in a settlement letter is privileged.
This perception is decidedly wrong…more
For die-hard fans of the greatest TV show of all time, these next six weeks are absolute gold.
Which led me to think: Do the plot lines over these final eight episodes qualify as "trade secrets"?…more
When construction staffing industry titan Tradesmen International lost its appeal in the Seventh Circuit, it suffered more than just a defeat in a particular lawsuit that (in my opinion) it had no expectation of winning…more
This is a case I know a little something about.
When Tradesmen International sued my clients in May of 2010 , the outcome was already clear. The claims were garden-variety; the facts weren't…more
The Computer Fraud and Abuse Act is organized about as logically as David Foster Wallace's sprawling masterpiece, Infinite Jest.
For literary fiction, that might be fine. For federal statutes, it's a disaster…more
Several weeks ago, John Marsh, Russell Beck, and I discussed on the Fairly Competing podcast the special problems that arise when companies pursue so-called "whistleblowers" for trade secrets misappropriation…more
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