News & Analysis as of

Employment Contract

Social Media Showdown II

by Sherman & Howard L.L.C. on

TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more

Deorbiting Your Own Intellectual Property Fight

Ponder, for a moment, the following hypothetical. You develop specialized technology for in-orbit robotic satellite assembly, repair and servicing. You store the technology at a theoretically secure customer site—a NASA...more

Ontario Court of Appeal Confirms Law on Contract Provisions Which Will Breach the Employment Standards Act in the Future

by Littler on

Ontario’s highest court has confirmed that employment contract provisions that will breach the Employment Standards Act (‘ESA’) in the future are void and unenforceable. The Court has also confirmed that fixed-term employees...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

How Policies Can Defeat a Breach of Contract Claim

Here is an interesting scenario for employers to consider. A company discovers that an employee working in information technology has taken de-commissioned company computers for himself and even given some away. After...more

Social Media Showdown

by Sherman & Howard L.L.C. on

Commentator and writer Tomi Lahren has filed suit in Dallas County, Texas, against Glenn Beck and TheBlaze, Inc. (“TBI”). Judging from the complaint, the issues include the defendants’ continuing exercise of control over a...more

Arbitration 101: Why and How to Keep Your Company Out of Court

“Arbitration makes a lot of sense”, Charles Allen states. A general commercial disputes lawyer and currently a partner at Orrick, Herrington & Sutcliffe in Hong Kong, he practices across a wide range of different...more

Will Workplaces Be Going Off The Rails On The Blockchain?

by Fisher Phillips on

What if I told you that technology with internet-like potential will soon lead to a seismic revolution in our society, including the workplace? That you could greatly streamline your hiring process, eliminate...more

Time to Review Internal Confidentiality Agreements

by Foley & Lardner LLP on

There’s not a whole lot of new ground to cover as to why an employer or contractor would want to implement confidentiality agreements. However, forcing them on workers is a whole different story....more

The Importance of Getting Inventorship Right: A Cautionary Tale in Two Cases

U.S. patent law elevates the importance of “the inventor” to an extent unseen in the rest of the world. Unlike many other countries, ownership of patent applications in the United States initially vests in the inventors...more

[Webinar] Key Employment Law Issues for Start-ups and Other Small Businesses, Including Relevant California Laws - April 19th,...

by Conn Maciel Carey LLP on

While large companies typically have human resources departments or in-house counsel to advise on the myriad of complex employment laws, start-ups and small businesses are often operating in the dark regarding these key...more

Missouri Legislator Introduces Bill to Ban Restrictive Covenants

by Seyfarth Shaw LLP on

Since July 1, 2001, Missouri law with respect to non-solicitation clauses has been fairly straightforward. Specifically, § 431.202 of the Missouri Statutes states that a covenant not to solicit between an employer and an...more

Are private dispute resolution agreements really binding?

by Hogan Lovells on

Parties often contract out of the CCMA or Labour Court as the forum that considers their dispute and opt for private arbitration. But, are these agreements really enforceable? This question again recently came before...more

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

Jury Waiver And Arbitration Agreements Require Specificity

A recent New Jersey Appellate Division decision once again highlights the specificity required to enforce jury waivers or agreements to arbitrate employment disputes. In Noren v. Heartland Payment Systems, Inc., ___ N.J....more

For Your Consideration: Recent State-to-State Developments on Sufficient Consideration for Employee Non-Compete Agreements

The various laws, statutes, and policies governing non-compete agreements are nuanced, inconsistent, and sometimes downright contradictory from state-to-state. The issue of consideration is no different. Like other...more

If You Checked The Box, You’re Bound By The Contract

A recent decision by the Third Circuit Court of Appeals highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”...more

Ninth Circuit Enforces Arbitration Agreement's Class Action Ban, but Only After Severance of PAGA Ban

by FordHarrison on

A panel of the U.S. Court of Appeals for the Ninth Circuit recently overruled a lower court’s decision refusing to enforce an arbitration agreement, holding that the dispute resolution provision of the agreement was valid and...more

China: Non-Competes and Employee Post-Departure Reporting Obligations

by Dentons on

"Non-compete" refers to an agreement concluded between an employer and an employee at the time of hire, which provides that for a certain period after the termination or rescission of the employment contract, the employee...more

China: Application of Non-Competes To Protect Business Secrets

by Dentons on

An enterprise may have no patents or trademarks, but definitely have business secrets. Business secrets—the enterprise’s core information assets—are important intangible assets that go to the core competence of the...more

Germany: It's Time To Review Forfeiture clauses in standard employment contracts

by Dentons on

It is market standard in Germany to insist on forfeiture clauses in employment contracts, i.e., language providing that any claims arising under the contract are forfeited if not exercised within three months after their due...more

Top 10 Issues for Employers, Issue #7: Obligations When Terminating Without Cause

This is the seventh instalment in our Top 10 Issues for Employers series. This issue addresses termination entitlements upon a “without cause” dismissal. OVERVIEW - Understanding an employee’s entitlements upon a...more

Congress Considers Limiting Pre-dispute Arbitration Agreements in the Employment Context

Many employers require employees to sign arbitration agreements at the inception of the employment relationship and prior to any disputes, such as part of their new hire packets or as a condition of their employment. ...more

Arbitrating PAGA Representative Actions: Federal and State Courts Begin to Part Ways

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Three decisions issued earlier this month reveal an increasing tension between the Ninth Circuit and California appellate courts on whether representative PAGA actions can be arbitrated. As a result,...more

Does your employment agreement clearly address post-termination benefit entitlements?

by DLA Piper on

An employee’s entitlement to benefits, such as bonus or incentive plan payments, following the termination of his or her employment is an important consideration that should be addressed at the commencement of the employment...more

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