News & Analysis as of

Confidential Information Former Employee Employer Liability Issues

Mayer Brown

Germany: Restrictive Covenants

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AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more

Baker Donelson

The End of Non-Competition Agreements? Not so Fast!

Baker Donelson on

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

Epstein Becker & Green

Free to Forfeit: Delaware High Court Holds Employee Choice Is Proper Lens for Evaluating Forfeiture-for-Competition Provisions in...

In a bombshell ruling last year that upended longstanding Delaware law, the Delaware Chancery Court ruled in Ainslie v. Cantor Fitzgerald, L.P., 2023 WL 106924 (Del. Ch. Jan. 4, 2023), that forfeiture-for-competition clauses,...more

Bradley Arant Boult Cummings LLP

Collision at the Intersection of Construction and Intellectual Property Law: Are You Protecting Your Firm's Trade Secrets?

The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the...more

Foley & Lardner LLP

Protecting Trade Secrets in a Hot Labor Market — Make Sure Departing Employees Don’t Exit Through the Gift Shop

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In this hot labor market, businesses have been laser focused on hiring and retaining talent. While increased employee mobility leads to some exciting hires, it also means some workers are leaving for new opportunities. When...more

Proskauer Rose LLP

Low Wage and Employee Classification Limits on Non-Compete Agreements

Proskauer Rose LLP on

Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more

Butler Snow LLP

Tennessee Federal Court Enjoins Misuse of Employer’s Trade Secrets

Butler Snow LLP on

Misappropriation of trade secrets claims often turn on whether the information that was taken is truly a “trade secret.” In considering whether information is a trade secret, courts consider a number of factors, including...more

Akerman LLP - HR Defense

Biden Order: Consider a Federal Rule on Non-Competes

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

FordHarrison

Britain’s Harry and Meghan Dish the Dirt to Oprah: Tips for Handling Trash-Talking Ex-Employees

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Blimey! Apparently, the British royals have their knickers in a twist over Prince Harry and Princess Meghan’s recent television interview with Oprah. The news of the interview has caused quite the kerfuffle across the pond,...more

Fenwick & West LLP

Litigation-Proofing Your Trade Secrets: Practical Steps to Ensure They’re Enforceable in Court

Fenwick & West LLP on

Trade secret litigation is on the rise, and new case law related to enforceability has broad implications for how companies protect information that they consider to be trade secrets. The Lex Machina 2020 Trade Secret...more

Orrick - Trade Secrets Group

Third Circuit: Spying on Former Employee’s Social Media Account Does Not Constitute “Unclean Hands” to Bar Trade Secret...

Consider this: a former employee has just left his or her employer and may have taken trade secrets to a competitor. ...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

Fisher Phillips on

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Parker Poe Adams & Bernstein LLP

California Nixes Employee Non-Solicitation Restrictions

Employers with California operations probably know that traditional noncompetition covenants are unenforceable in that state. Additional state court decisions concluded that customer non-solicitation prohibitions are also...more

Foley & Lardner LLP

Non-Compete: Who is the Bad Actor?

Foley & Lardner LLP on

Against the backdrop of a continuing trend of low rates of unemployment throughout the United States, there has been a recent surge of people searching for new and better jobs. As a result, there has also been increased...more

Littler

"Purloined Letters": Management Options When a Departing Employee Puts a Business Entity at Risk by Collecting Confidential...

Littler on

The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets...more

Fisher Phillips

Can Silicon Valley Keep a (Trade) Secret?

Fisher Phillips on

The simplest, most valuable, yet commonly overlooked piece of advice any trade secret owner can receive is this: Protect yours trade secrets! It seems crazy that this simple advice warrants repeating, but apparently, it does,...more

Orrick - Trade Secrets Group

Fighting Back: Identifying Risks Posed by an Angry Current or Former Employee

Something lost is always in the last place you look (by definition). It can also sometimes be in the first. Although technology has made it possible for outsiders to manipulate and infiltrate your company’s systems...more

Brooks Pierce

An Interesting Trade Secrets Case From The Business Court

Brooks Pierce on

If you were unsure whether customer information held by your client -- like customer contact information, sales reports, prices and terms books, sales memos, sales training manuals, commission reports, and vendor information...more

Mintz - Employment, Labor & Benefits...

Employment Law Summer Recap 2014: Part 3 of 11 – The Decision 2.0: This Time, LeBron Leaves the Right Way; Will Your Employees?

While it seems like it happened forever ago, it was just back in July when LeBron James once again held this nation captive over where he would play basketball. ...more

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