News & Analysis as of

Misappropriation Non-Compete Agreements

What To Do When You Hire A Thief

by Foley & Lardner LLP on

Employers victimized by trade secret misappropriation appropriately express righteous outrage, both at the offending ex-employee and sometimes at the new employer. However, on another day the roles can reverse: That same...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

Defending A Former Employee On a Non-Compete Or For Misappropriation Of Trade Secrets? Read This.

by Brooks Pierce on

Do you really have to rush to Court to obtain an injunction for a misappropriation of trade secrets? Maybe not. But for an injunction enforcing a non-compete agreement, maybe yes. ...more

Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

by Seyfarth Shaw LLP on

Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more

Will The Massachusetts Legislature Finally Be Able To Keep Its New Year’s Resolution to Pass Non-Compete Reform?

by Seyfarth Shaw LLP on

Last Friday, on January 20, 2017, the Massachusetts Legislature began its annual tradition of attempting to promulgate non-compete and trade secret reform in the Commonwealth. A new bill has been filed by the same legislators...more

“It’s a Free Country, Right?” Court Declines to Enjoin Ex-Free Country Ltd. Employees From Contacting Customers on Purloined...

Within days of each other, your clothing company?Free Country Ltd.?loses two employees who decamp to a rival to set up a competing apparel line. You discover that just before leaving, they transferred some 50,000 documents...more

How Employment Agreements Can Protect An Employer's Intellectual Property And Defend Against Claims of Misappropriation

by McNair Law Firm, P.A. on

At approximately 4.6%, the current national unemployment rate is lower than it has been since before the 2008 recession. Generally speaking, this means that companies are hiring new employees. While hiring new employees is...more

Protecting a Tech Company’s Technology and Other Employment Terms: Proprietary Information and Invention Assignment Agreement

Ideas, knowledge and processes are the most important aspects of most early-stage tech companies, so one of the most important questions facing these companies is how to protect the intellectual property and the business from...more

A Rose by Any Other Name is Not as Sweet: When a Non-Solicit is Actually a Non-Compete

by Dentons on

The Ontario Court of Appeal has held that the words “accept business”, in what the employer intended to be a non-solicitation clause, served to restrict competition and is therefore not merely a non-solicitation...more

The Interplay of the Defend Trade Secrets Act, Inevitable Disclosure, and Non-Competes

by Fish & Richardson on

When it comes to protecting one’s trade secrets, one of the most important remedies a trade secret owner may want is a court order enjoining a former employee from going to a competitor and making use the trade secret there,...more

Federal Precedents Under the DTSA Have Arrived

by Seyfarth Shaw LLP on

While the Defend Trade Secrets Act of 2016 (“DTSA”) has only been in effect for a few months, the first wave of cases raising DTSA claims have started to generate federal decisions. In what appears to be the first substantive...more

Food Giants Prepare for Battle Over Trade Secret Misappropriation

by Ward and Smith, P.A. on

On July 19, 2016, the "You Pick Two®"-famous Panera Bread filed a lawsuit in St. Louis against Papa John's, claiming that the international pizza company hired away a Panera IT executive who is misappropriating trade secrets....more

Mid-Year Review: New Non-Compete Legislation in 2016

In the first half of 2016, we have already seen significant changes to a number of state non-compete laws. In this post, we provide a compilation of recently enacted legislation in Alabama, Connecticut, Idaho, Oregon, and...more

Does The Federal Trade Secrets Act Make A Difference For Connecticut Employers?

The federal Defend Trade Secrets Act (the President signed it on May 11th) went on the books with a lot of fanfare. For the first time, employers (and other trade secret owners) have a federal law claim for trade secret...more

Labor & Employment E-Note - June 2016

by Burr & Forman on

The scope of the federal Defend Trade Secrets Act enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employer's asset protection and enforcement program is quite significant. Please...more

Practical Tips: Keeping Trade Secrets Safe During Litigation – Texas Supreme Court Edition

Recently, the Texas Supreme Court provided its first opinion interpreting the Texas Uniform Trade Secrets Act in a case involving an issue that often causes discomfort to lawyers on both sides of the “v” in trade secret...more

Texas Supreme Court: Company Representative May Be Excluded from Trade Secret Hearing

by Seyfarth Shaw LLP on

In a clash between two major oil companies, the Texas Supreme Court ruled May 20, 2016 that the recently enacted Texas Uniform Trade Secrets Act (“TUTSA”) allows the trial court discretion to exclude a company representative...more

White House Weighs in on Ongoing Non-Compete Battle

As states continue to struggle with the pros and cons of non-competes, the White House has recently weighed in, siding largely with critics of non-competes. In Non-Compete Agreements: Analysis of the Usage, Potential Issues,...more

The Federal Defend Trade Secrets Act - Immediate Implications for Businesses That Utilize Employment Agreements and Contracts To...

by Barley Snyder on

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which provides uniform federal protection for trade secrets and confidential business information. The DTSA received bi-partisan...more

Time to Review Your Confidentiality Agreements: New Federal Trade Secrets Act Creates Private Right of Action and Imposes New...

The Defend Trade Secrets Act of 2015 (DTSA), which establishes a new federal private right of action for trade secret misappropriation, is now the law. Trade secrets, the fourth leg of the intellectual property chair, have...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

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

Jawbone v. Fitbit: a Discovery Fight over the Extent of Trade Secret Misappropriation

by Fisher Phillips on

Jawbone and Fitbit are competitors in the business of selling fitness trackers. As competitors will sometimes do, Fitbit hired a number of employees from Jawbone in 2015. And as competitors sometimes do, Jawbone brought a...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

Oil-And-Gas Services Companies Argue Over Trial Court’s Authority to Exclude Corporate Representatives Under New Texas Trade...

by Seyfarth Shaw LLP on

On January 13, before the Texas Supreme Court, two major oil-and-gas-services companies disputed whether Texas’s new trade secret laws require a trial court to exclude a party’s corporate representative from a hearing at...more

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