News & Analysis as of

Confidentiality Agreements Trade Secrets Former Employee

Hendershot Cowart P.C.

How to Stop Former Employees From Stealing Your Clients

Don’t just sit by and watch in alarm as a former employee, contractor, or competitor poaches your clients. Texas law protects valuable trade secrets from misuse and misappropriation – including client lists. These protections...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

Bradley Arant Boult Cummings LLP

Are You Protecting Your Construction 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

Miller Nash LLP

Taking Steps to Protect Confidential Information

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Many companies have confidential information that they want to protect from disclosure to third parties or use by competitors. Often, companies also have agreements with vendors or clients in which the company promises to...more

Farella Braun + Martel LLP

7 Tips to Help Financial Advisor Firms Protect Their Customer Lists

Customer relationships are a key asset for companies in the financial advising and wealth management industry. In California, however, the law is making it increasingly difficult to stop departing employees from soliciting...more

Sheppard Mullin Richter & Hampton LLP

California Court Strikes Down Overbroad Confidentiality Agreement as a de facto Non-Compete

Trade secrets and other proprietary information can be among a business’ most valuable assets and drive its competitive advantage. It is therefore ordinarily critical that employees be bound by an enforceable agreement that...more

Mintz - Intellectual Property Viewpoints

Workplace Confidential: Preventing Former Employees from Using Your Trade Secrets

Most trade secret cases involve allegations that a former employee is using a company’s confidential information at a new job or their own business. Given that reality, and the workforce disruptions caused by the coronavirus...more

Lowndes

Here’s What You Need To Know About Protecting Trade Secrets

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What do you do when a key employee leaves and you believe he/she has taken your company’s trade secrets to a competitor? Or when a strategic business partner uses your trade secret information to compete against you?...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on the Four Factors to Consider when Temporary Injunctive Relief is Requested

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a plaintiff’s request for a temporary restraining order (TRO) against former employees who allegedly stole confidential client contact...more

Rumberger | Kirk

Top Secret: How to Successfully Build a Trade Secrets Case

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“For injunctive relief, a practitioner must establish irreparable harm to the client caused by the misappropriation of the trade secrets. Irreparable harm can come in many forms, with reputational harm and loss of goodwill...more

Pierce Atwood LLP

Practical Tips on Working with Former Employees Who Are Key Witnesses

Pierce Atwood LLP on

Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim....more

Orrick - Trade Secrets Group

Spring Cleaning: Tidying Up Your “Reasonable Efforts” to Maintain Trade Secrets

It’s among an in-house counsel’s worst nightmares. A former business partner, ex-employee, consultant, or competitor has stolen your company’s trade secret information. Company management demands swift action....more

McDermott Will & Emery

Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation

McDermott Will & Emery on

Addressing a bench trial decision concerning a former employee’s retention of confidential information and violation of a non-compete provision, the US Court of Appeals for the Fourth Circuit found no abandonment of the...more

Littler

Unfair Competition: What Happened in 2018, and What's in Store for 2019

Littler on

From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law....more

Knobbe Martens

Enforcing a Non-Compete Agreement? – One Size Does Not Fit All

Knobbe Martens on

Two high-end, off-price fashion brands are duking it out over an employee jumping ship from Century 21 Department Stores, LLC to Rue Gilt Groupe. On November 5, 2018, Century 21 sued Rue Gilt Groupe and Berenice Arcuri in...more

Poyner Spruill LLP

How to Stop Departing Employees from Walking Off with the Company Jewels

Poyner Spruill LLP on

Problem: A key member of the design team for your start-up company's upcoming product launch has just quit in a huff over compensation. He (or she) threatens to go to your primary competitor and share everything they know...more

Fenwick & West LLP

Storage of Confidential Information on Executive’s Personal Devices Impedes Trade Secret Protection

Fenwick & West LLP on

The U.S. Court of Appeals for the Eleventh Circuit considered the oft-litigated issue of what constitutes reasonable efforts to maintain secrecy of a claimed trade secret in Yellowfin Yachts v. Barker Boatworks, a case...more

Holland & Knight LLP

HR Toolkit Series, Part 4 - Protecting Proprietary Information and Trade Secrets

Holland & Knight LLP on

In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Protecting Confidential Information and Trade Secrets When Employees Leave the Company

When employees leave a company—whether it is due to a voluntary or involuntary separation—their former employers may worry about the security of the company’s confidential information and trade secrets. This article answers...more

Foley & Lardner LLP

Massachusetts Legislature Passes Comprehensive Noncompetition and Trade-Secrets Reform

Foley & Lardner LLP on

The Massachusetts General Court has passed legislation that, if signed by the governor, will comprehensively reform the law governing employee noncompetition agreements and trade-secret misappropriation. If enacted, these...more

Fisher Phillips

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

Fisher Phillips on

Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...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

Jackson Lewis P.C.

Virginia Uniform Trade Secrets Act Prohibits Improper Acquisition Of Trade Secrets, Regardless Of Subsequent Use

Jackson Lewis P.C. on

Misappropriation of trade secrets claims can sometimes be difficult to sustain. While evidence of the taking of a trade secret may be available, evidence of its subsequent use may not. In Integrated Global Services, Inc. v....more

Zuckerman Spaeder LLP

Swimming Pool Company’s Non-Compete Claim Takes a Dive

Zuckerman Spaeder LLP on

When a company believes that an employee has breached a non-compete agreement by going to work for a competitor, one remedy it can seek is a preliminary injunction. A preliminary injunction is meant to preserve the status quo...more

Fisher Phillips

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

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

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