Former Employee

News & Analysis as of

Court Denies Forensic Imaging After Parties Do Not Agree to Production at Meet-and-Confer (California)

Boston Scientific Corp. v. Lee, No. 2041 U.S. Dist. LEXIS 107584 (N.D. Cal. Aug. 4, 2014). In this intellectual property case, the plaintiff corporation alleged that the defendant’s employment with another company...more

Communicating With Putative Class Members in Complex Employment Litigation

In the early stages of an employment class or collective action, employers and their counsel often are eager to contact putative class members. For example, defense counsel may wish to interview putative class members in...more

Judge Dismisses FDA Spying Case But Not Because It’s Innocent

Earlier this week a federal judge dismissed a lawsuit by six former and current FDA scientists who allege that the FDA retaliated and spied on them for blowing the whistle on FDA approval of medical devices that put cancer...more

Whistleblower Defendant Blows Whistle on Whistleblower

Antonio Saidiani filed a whistleblower suit alleging that NextCare urgent centers and CEO Dr. Shufeldt had collected tens of millions of dollars in false Medicare claims. Antonio was in a position to know because he was that...more

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

Trade Secrets Claims Can Be Tough To Succeed On In The Business Court

If you want to pursue a trade secrets claim in the Business Court, you've got to disclose the details of your trade secret. The Opinion last week in Unimin Corp. v. Gallo, 2014 NCBC 43 illustrates that point in detail. ...more

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

Better Describe Trade Secret If You Want to Protect It

New Castle Beverage, Inc. v. Spicy Beer Mix, Inc. - In an unpublished opinion, the Court of Appeal of the State of California’s Second Appellate District affirmed the lower court’s denial of a preliminary injunction...more

Joan Rivers and Non-Competition Agreements: Can We Talk?

Ms. Rivers’ self-deprecating nature and ability to use laughter to put people either at ease or to otherwise coerce them to divulge information often resulted in her getting the scoop. This unique ability allowed her to...more

Sixth Circuit Says Misappropriation of Customer List Not Insured Under Advertising Injury Liability Coverage

The Sixth Circuit Court of Appeals recently ruled that Liberty Corporate Capital did not have to defend a firearms retailer in a lawsuit alleging that the retailer improperly obtained and used its competitor’s customer list...more

Texas Supreme Court Opens the Door for a New Option to Restrict Post-Employment Conduct

On August 29, 2014, the Texas Supreme Court issued its long-awaited decision in Exxon Mobil Corporation v. Drennen. The court ruled that Drennen, a former ExxonMobil executive, could be stripped of approximately $5 million in...more

Update: Massachusetts Lawmakers Decline to Change Noncompete Law, but Governor Presses On

As an update to the previous article, Massachusetts May Go Boldly...Where Only California and North Dakota Have Gone Before, Massachusetts state legislators dropped proposed restrictions on the enforcement of post-employment...more

The California Myth About Non-Compete Agreements

Non-compete agreements remain an important and viable tool for the protection of proprietary business information and trade secrets. Are non-compete agreements enforceable if your key employee takes a position with a...more

Employers on Either Side of Employee Poaching Should Consider Taking Some (Rather Easy) Steps to Better Protect Themselves

Recently, litigation consultant TrialGraphix Inc. sued its competitor FTI Consulting, Inc. and four former high-ranking employees in New York Supreme Court for allegedly scheming to steal its trade secrets and gain access to...more

Another Approaching Benchslap for EEOC?

In a positively delightful “man bites dog” story, a former EEOC investigator just filed suit against the EEOC alleging race discrimination, racially hostile work environment, and retaliation in violation of Title VII and the...more

More Reasons for Employers to "DISLIKE" Facebook

The National Labor Relations Board is at it again – wading into the social media foray, that is. In a case that has been percolating since 2011, the NLRB has ruled that an employer must reinstate an employee who was...more

Trade Secrets – Protecting the (Corporate) Family Jewels

Disputes regarding trade secrets and corporate espionage are becoming perpetual fixtures in the news. One of the most common scenarios is that a key employee departs to join a competitor and his or her former employer quickly...more

Prompt Payment Requirements That Apply to Employees Who Quit Also Apply to Employees Who Retire

California’s Third District Court of Appeal recently concluded that the final wage payment requirements and waiting time penalties prescribed by Labor Code sections 202 and 203 apply not only to employees who quit, but also...more

Oral COBRA Notice OK?

In a recent District Court opinion, a judge dismissed a COBRA claim against an employer based on the oral notice the employer gave a former employee of her right to continue coverage under COBRA. The court said that the...more

We Have Your Data. Pay Up or Else…

You wake on a Tuesday morning expecting to have an average day at work. You are skimming through the emails that came in while you were asleep, when you notice an email from one of your employees. He is not only giving his...more

Update: District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

20-Day Jail Sentence for Employee who Released Employer’s Confidential Information in Breach of Court Order

In July 2013, Ceridian entered into an agreement with Pendylum Inc. (“Pendylum”) to assist in the delivery of services to Ceridian’s customers. Under the terms of its agreement with Pendylum, Ceridian required that all of...more

Let’s Shake On It: Texas Case Exemplifies the Perils of Adopting a Company-Wide Practice of Oral Agreements

An opinion out of the Fourteenth Court of Appeals demonstrates why employers need to be weary of developing a practice of oral agreements in regards to compensation upon which at-will employees may detrimentally rely. The...more

Federal Prosecutors Bring Criminal Charges against Individual for Alleged HIPAA Violation

Federal prosecutors in the Eastern District of Texas recently brought criminal charges under the Health Insurance Portability and Accountability Act (“HIPAA”) against a former East Texas hospital employee. The former...more

Former Executive Has No Right To Possess A-C Privileged Documents

Suppose that a corporation terminates its president and chief executive officer who then sues for breach of his employment contract. Does the former executive officer have a right to access and use materials subject to the...more

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