NLRA, Intellectual Property Protection

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on 5/3/2024

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

Jackson Lewis P.C. on 4/1/2024

In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding...more

2023 Trade Secrets End of Year Report

ArentFox Schiff on 3/13/2024

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

Seyfarth Shaw LLP on 2/28/2024

The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants...more

Cash for College Athletes, NIL Only Scratches the Surface

Robinson & Cole LLP on 12/22/2023

Allowing college athletes to be paid for their name, image, and likeness (NIL) has changed college sports, but several decisions that are due in the coming months could make college sports unrecognizable. First, several...more

#WorkforceWednesday: Non-Compete Agreements in 2023: What Employers Need to Know - Employment Law This Week® - Spilling Secrets...

Epstein Becker & Green on 10/25/2023

This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: Restrictions on non-competes have dominated the headlines this year. The Federal Trade Commission has...more

Important Updates on Non-Compete Employment Agreements

CDF Labor Law LLP on 6/6/2023

Employers following the Federal Trade Commission’s (“FTC”) rulemaking process that will restrict non-compete agreements in many employment relationships may be relieved to learn that the FTC is not expected to vote on its...more

NLRB General Counsel Enters the Fray on Non-Competes, Declaring They May Violate Federal Labor Law

Franczek P.C. on 6/6/2023

For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may...more

NLRB General Counsel Moves to Invalidate Noncompete Agreements

Davis Wright Tremaine LLP on 6/2/2023

On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued Memorandum GC 23-08, setting forth her view that noncompete provisions in employment contracts and severance agreements...more

Emerging Issue: AI Governance

Lippes Mathias LLP on 4/4/2023

Advancements in Artificial Intelligence have dominated the news recently in fascinating ways. Generative AI chatbots demonstrated seemingly spontaneous responses to test users. Visual artists filed a class action lawsuit to...more

OFCCP Week In Review: February 2023 #4

DirectEmployers Association on 2/27/2023

Friday, February 17, 2023: In the Ongoing Push to Make More Companies Liable for Worker Employment Claims, California Again Seeks to Set the Pace - The great seal of the State of CaliforniaAs more and more federal and...more

The Ramifications of College Athletes Being “Employees”

Akerman LLP - HR Defense on 11/15/2021

Consider this: the General Counsel of the National Labor Relations Board has opined that some student-athletes at the collegiate level are “employees” for purposes of the right to engage in protected concerted activity, and...more

Intellectual Property Rights in the Crosshairs as Lawsuits Involving Disney and Facebook Surface

Foster Garvey PC on 10/1/2021

- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man,...more

Can You Keep a Secret: Bridgerton and the Need for Employee Confidentiality Agreements

FordHarrison on 2/24/2021

I must admit that I could not resist and fell prey to Netflix’s currently most watched and definitely most binge-worthy series to date: Bridgerton. For those who are not part of the record-breaking 82 million (and counting)...more

NLRB Releases Advice Memos Approving Employer Work Rules Under New Boeing Standard

Polsinelli on 7/18/2018

On July 13, 2018, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released several memos authored by the Board’s Division of Advice, which offer further guidance to employers about how the Board...more

Weekly Update Newsletter - May 2018 #3

PilieroMazza PLLC on 5/30/2018

GOVERNMENT CONTRACTING - Contractors Oppose Proposed Limit on Federal Bid Protests - According to an article in govexec.com, the Senate Armed Services Committee on May 22, 2018 began its markup of the fiscal 2019...more

Food & Beverage Litigation Update | May 2018 #4

Shook, Hardy & Bacon L.L.P. on 5/29/2018

Advocacy Groups Urge Senate to Support NOSB - A group of advocacy organizations has sent a letter asking the leaders of the Senate Committee on Agriculture, Nutrition & Forestry to “fully support organic agriculture in the...more

Retail and Consumer Products Law Roundup - September 2017

Manatt, Phelps & Phillips, LLP on 10/2/2017

NLRB Upholds Retailer’s Rules on Confidential Customer Information - Why it matters - Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

Fenwick & West LLP on 10/2/2017

The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

2016/2017 Labor & Employment Observer

Cozen O'Connor on 1/12/2017

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

We Traced The Trade Secret Leak … It’s Coming From Inside The Business

Seyfarth Shaw LLP on 8/3/2016

Seyfarth Synopsis: Protecting trade secrets from employee theft requires more than using an NDA when onboarding new employees. If businesses want to protect their confidential information, they need to take a cradle-to-grave...more

Q&A Concerning IP Protection and Social Media Issues in the Workplace

Seyfarth Shaw LLP on 1/18/2016

The explosion of digital and social media enables companies to work more efficiently and to easily and creatively promote their products and services to large audiences across the globe. Modern technological developments in...more

The NLRB Expands Its Reach in the Non-Union Workplace

Akerman LLP - HR Defense on 8/21/2015

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

Holland & Knight LLP on 5/19/2015

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

Holland & Knight LLP on 5/19/2015

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

The National Labor Relations Act › Intellectual Property Protection

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