News & Analysis as of

Confidentiality Agreements Non-Compete Agreements

Discover (or rediscover) U.S. employment law: Your questions, our answers

by Dechert LLP on

Companies doing business in the U.S. invariably encounter a legal system and employee relations laws that differ in many significant respects from those in other countries. The sources of U.S. law come from the U.S. federal...more

Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

by Fisher Phillips on

Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency...more

Watch for the Fox in Your Henhouse: Gig Companies at Risk

by Fisher Phillips on

Intellectual property threats (IPT) to companies participating in the gig economy may be greater than those experienced by traditional business. While this may seem self-evident to some, reflection on the matter confirms to...more

First Published Opinion From New Business Court Judge Conrad

by Brooks Pierce on

Business Court Judges don't have to issue written Opinions in cases granting Preliminary Injunctions. (G.S. § 7A-45.3 limits the obligation to issue a written Opinion to rulings rendered per NCRCP 12, 56, 59, and 60). ...more

Court Finds Broad Non-Disclosure Agreement is Unenforceable Non-Compete

by Nexsen Pruet, PLLC on

Last week, in the case of Fay v. Total Quality Logistics, LLC, the South Carolina Court of Appeals ruled that language in a non-disclosure agreement was so broad it effectively became an invalid non-compete agreement. The...more

Requiring Non-Competes for Low Level Employees Raises Increasing Risks for Employers

A client recently asked us to draft a non-competition agreement that would prevent entry level machinists from working for a competitor for one year following their departure from employment. When we asked the client about...more

RIGHT IN THE BREADBASKET: Lessons From Early Cases at the Intersection of Noncompetes and the DTSA

As many TSW readers are aware, 2016 has been a big year for trade secret law, with both the United States and the European Union expanding trade secrets protections and increasing the uniformity of their laws. But as good as...more

Inappropriate Invention Assignments, Confidentiality and non-compete Agreements - Common Small Business Owner Mistakes

by Poyner Spruill LLP on

Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make. Tip # 3 - Ensure employees, especially key employees, enter the appropriate invention assignment,...more

Eighth Circuit Finds Non-Competition Agreements Assignable to Successor Employer in Asset Purchase Without Employees' Consent

by FordHarrison on

The United States Court of Appeals for the Eighth Circuit recently held that a successor employer, who was assigned non-competition agreements as part of an asset purchase, could seek to enforce the non-competition agreements...more

Recent Developments Again Call for Timely Review of Restrictive Covenants

by Foley & Lardner LLP on

We have suggested before that employers should view non-competition and other restrictive agreements as “live” documents, warranting regular examination to ensure they are deployed with appropriate precision and account for...more

Trump, Captain America, Deadpool and the Impact on Florida Non-Competition Agreements

by Burr & Forman on

Competition is the name of the game this summer. The presidential hopefuls travel the country competing for votes. After knocking out Marco Rubio and Ted Cruz and more than a dozen other Republican Presidential hopefuls,...more

On Sale Bar Invalidates Safyral, Beyaz Folate Patent

by Foley & Lardner LLP on

In Merck & CIE v. Watson Laboratories, Inc., the Federal Circuit found communications between Merck and a potential joint venture partner amounted to a commercial offer to sell that invalidated the Orange Book-listed folate...more

Non-Compete Legislation In Massachusetts: Could It Actually Happen?

by Locke Lord LLP on

On May 16, 2016, the Massachusetts General Court’s Joint Committee on Labor & Workforce Development reviewed a re-drafted bill concerning non-compete agreements in the Commonwealth and reported it out of the Committee...more

Protecting Trade Secrets: A New Arrow in the Quiver

by Benesch on

A new weapon in the effort to protect trade secret information came into existence on May 11, 2016 as President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). DTSA creates a new federal cause of action for trade...more

Congress Passes the Defend Trade Secrets Act

by Baker Donelson on

On April 27, 2016, the U.S. House of Representatives passed the Defend Trade Secrets Act (DTSA) by a vote of 410 to 2. Since the Senate already passed the bill and the Obama Administration has long been in favor of it, the...more

The Defend Trade Secrets Act of 2016: Implications for business, employers and employees

by McAfee & Taft on

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama promises to sign soon. This proposed legislation, which is designed to be an expansion of the Economic Espionage Act of 1996, would...more

Eighth Circuit Decision Suggests Employers May Have An Alternative Option to Using Non-Compete Agreements

by Stinson Leonard Street on

A recent Eighth Circuit Court of Appeals decision suggests another avenue for employers to secure damages from an employee who competes against them after employment ends – without the use and many limitations of a...more

Ex-Employee Hit With Six-Figure Judgment For Violating His Non-Competition Agreement By Helping His Son Compete

by Seyfarth Shaw LLP on

A long-running non-compete clause dispute has reached the Louisiana Court of Appeal three times. Last month, the court affirmed a $600,000 judgment, plus attorneys’ fees and costs, against an ex-employee who assisted his...more

Take Care in Drafting: Meschino v. Frazier Industrial Co. is a Cautionary Tale for Employers

In Meschino v. Frazier Industrial Co., Civil No. 15-10327-RGS, 2015 WL 7295463 (D. Mass. Nov. 18, 2015), Judge Stearns held that an employment agreement superseded an earlier employment agreement and a separate earlier...more

Steps Every Startup Should Take to Protect its Intellectual Property

by Buchalter on

Many startup entrepreneurs are not aware of California’s laws around the ownership of intellectual property. And for most, the concepts for products or services are the life-blood of a company’s operations and future....more

5 Tips for Retaining Employees in the Automotive Industry

by Foley & Lardner LLP on

Attracting and retaining employees in the automotive industry can be very challenging, especially when competitors are doing what they can to lure the best talent. After you provide an employee with a good job, training and...more

Five Easy Tips for Improving Your Company’s Non-Compete and Confidentiality Agreements and Related Practices Now

by Seyfarth Shaw LLP on

As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to immediately improve your company’s practices and add immediate value to your...more

Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2015

by Seyfarth Shaw LLP on

Continuing our tradition of presenting annually our thoughts concerning the top 10 developments/headlines this past year in trade secret, computer fraud, and non-compete law, here—in no particular order—is our listing for...more

Five Tips for Retaining Employees in a Competitive Business Climate

by Foley & Lardner LLP on

Attracting and retaining employees is always a challenge. After you provide an employee with a good job, training and development, customer contacts, and access to trade secret and other confidential information, it is...more

Non-Disclosure Agreement Enforceable Although Unlimited In Time And Area

by Seyfarth Shaw LLP on

A salesman for a medical device manufacturer signed a confidentiality covenant at the time he was hired. A dozen years later, he resigned and went to work for a competitor. The former employer sued him in an Ohio federal...more

61 Results
|
View per page
Page: of 3
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!