Clingen Callow & McLean, LLC

By the time you read this blog post, it's like to be outdated. Such is the fast-paced world of professional sports, and the insane coaching carousel we see every year (but particularly this year in the National Basketball…more

Hat-tip to Josh Salinas at Seyfarth Shaw for his fine analysis of new Oklahoma legislation that chips away at some prohibitions on restrictive covenants. Oklahoma is one of three red-flag states that generally prohibit…more

Last month, a group of bipartisan senators introduced the Deter Cyber Theft Act (S. 884, a copy of which is embedded below)…more

I am taking a little bit of a different approach with this post, with a focus on representing employee clients in competition litigation. When I first talk to a new client who has a legal problem involving a non-compete…more

I was reading Eric Ostroff's fine post discussing customer lists as trade secrets, in the context of a recent case involving Farmers Insurance Exchange and several of its former agents, Farmers Ins. Exch. v. Steele Ins. Agency,…more

So far, 2013 has been active for proposed non-compete legislation. At the beginning of any calendar year, it's not surprising to see a number of bills introduced in state assemblies or legislatures - many of which have no…more

By now, I hope readers of this blog would be aware that the title of this post simply reinforces the obvious…more

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

This is the first in a multi-part installment on the impact of trade secrets law on hydraulic fracturing. Fracking. If you've read the newspaper over the past year or so, fracking suddenly has become a household…more

I received a number of e-mails on my three-part series on settlements, which ran over the past few weeks. Of those e-mails, several dealt with a topic I raised in Part 3 - accounting for the possibility of a settling…more

One of the most common drafting errors in non-solicitation covenants - clauses that limit customers to whom competitive services may be offered - is the reach to whom it applies. In concept, the idea of a customer…more

In January, I discussed Maryland's proposed Senate Bill 51, which (if passed) would ban certain non-compete agreements if an employee was deemed eligible to receive unemployment benefits…more

This is largely a plaintiff-centric column, offering some practical points to consider when assessing the risk of bankruptcy in connection with non-compete (or other competition) litigation. Though many non-compete suits settle…more

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

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