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Non-Compete Agreements › Misappropriation

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Baker Donelson

Top Developments in Trade Secret Law

Baker Donelson on

In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more

Houston Harbaugh, P.C.

Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

Houston Harbaugh, P.C. on

The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of...more

Seyfarth Shaw LLP

DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

Seyfarth Shaw LLP on

The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's July 2024 Round-Up

Holtzman Vogel Baran Torchinsky & Josefiak on

Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more

WilmerHale

2024 Trade Secret Update: A Look at Recent Trade Secret Developments & Trends

WilmerHale on

On May 11, 2024, the Defend Trade Secrets Act (DTSA) celebrated its eight-year anniversary. The DTSA’s enactment in 2016 marked a turning point in US trade secret protection. It gave parties seeking redress for...more

Hendershot Cowart P.C.

Life After The FTC Ban: Alternatives To Non-Competes

Hendershot Cowart P.C. on

The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Navigating Trade Secrets Under the FTC’s Non-Compete Ban - June 12th, 1:00 pm - 2:00 pm EDT

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The Federal Trade Commission (FTC) recently issued a Final Rule that invalidates non-compete clauses in standard employment agreements. This new regulation, with some limited exceptions, imposes a nationwide and retroactive...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Are Certain Claims Prevented When Bringing a Trade Secret Claim?

Mitchell, Williams, Selig, Gates & Woodyard,... on

Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation...more

Kerr Russell

FTC Ban on Non-competes Will Expand Trade Secrets Litigation

Kerr Russell on

The final rule is the anticipated result of years of workshops on the topic, and follows the FTC’s January 19, 2023 proposed rule and 90-day public comment period. Enactment of a federal ban is not surprising, given that many...more

Seward & Kissel LLP

Employment Litigation Roundup: April 2024

Seward & Kissel LLP on

Employer sues former traders for using an allegedly confidential trading strategy but loses bid for emergency injunctive relief. On April 12, Jane Street Group LLC (“Jane Street”) sued two of its former traders and...more

Lewitt Hackman

Franchisee 101: Braking The Competing Business

Lewitt Hackman on

A Massachusetts federal district court enforced a non-compete provision in a franchise agreement to enjoin former franchisees from operating a different branded automotive business at the same location as the former...more

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

Fish & Richardson on

On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

Holland & Knight LLP

Don't Fret (Yet): Trade Secrets, NDAs and Non-Solicits After the FTC Non-Compete Rule

Holland & Knight LLP on

With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more

Proskauer - Minding Your Business

Trade Secret Wars Continue With Tech Companies Battling For Talent

Proskauer - Minding Your Business on

In an era where trade secret misappropriation battles can shape corporate landscapes, the Apple v. Rivos case stands as a stark reminder of the importance of diligent onboarding practices when it comes to trade secrets. In...more

Proskauer - Minding Your Business

Court Rules that Patient List and Related Medical Practice Information Qualify as Trade Secrets

Proskauer - Minding Your Business on

The 2016 enactment of the Defend Trade Secrets Act (“DTSA”) has led to an increase in trade secret litigation. The DTSA codified into federal law the right of an owner of a trade secret to sue in federal court when its trade...more

Holland & Knight LLP

A Cautionary Tale from arrivia Inc. v. Rowley

Holland & Knight LLP on

Enforceability of releases for unknown claims at the time of settlement is a well-established legal principle, as highlighted in the recent case, arrivia Inc. v. Rowley, No. CV-23-01039-PHX-DLR, 2023 WL 7386384 (D. Ariz. Nov....more

Lathrop GPM

Pennsylvania Federal Court Rules It Has Subject Matter Jurisdiction to Decide Trade Secret Claim but Dismisses as Untimely...

Lathrop GPM on

A federal court in Pennsylvania granted in part and denied in part a former franchisee’s motion to dismiss a franchisor’s allegation that she misappropriated trade secrets and breached the franchise agreement. JTH Tax, LLC v....more

Foley & Lardner LLP

Can Law Firms Prohibit Attorneys from Soliciting or Servicing Clients Because of Trade Secret Misappropriation?

Foley & Lardner LLP on

As we recently highlighted, trade secret misappropriation lawsuits brought by law firms against departing attorneys are not a new phenomenon, but the number and intensity have increased over recent years. Our last...more

Foley & Lardner LLP

No Non-Competes for Lawyers? Trade Secret Misappropriation Lawsuits against Big Law Lawyers and Firm Management on the Rise

Foley & Lardner LLP on

The legal profession reigns as the primary protector of client choice. No other profession — including doctors and accountants — protect the client’s choice of advisor as rigorously as legal governing bodies, with restrictive...more

Fisher Phillips

3 Major Points to Consider When Deciding Whether to Sue Over Restrictive Covenants and Trade Secret Violations

Fisher Phillips on

Restrictive covenant and trade secret litigation is on the rise, and it typically involves an extremely public dispute that can require you to expend significant resources without any certainty of a favorable outcome....more

Hendershot Cowart P.C.

How to Stop Former Employees From Stealing Your Clients

Hendershot Cowart P.C. on

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

McDermott Will & Emery

Preliminary Injunction, Meet Irreparable Harm

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of...more

TransPerfect Legal

Moving from a Non-Compete Mindset to Protecting Company Trade Secrets

TransPerfect Legal on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit new and require the rescission of all non-compete agreements as an “unfair method of competition.” The proposed rule defines a...more

Holland & Knight LLP

The "Inevitable Disclosure" Doctrine and the DTSA

Holland & Knight LLP on

The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more

Seyfarth Shaw LLP

Lessons from a Staffing Misappropriation and Non-Compete Trial

Seyfarth Shaw LLP on

Cases don’t try very often. Doubly so in trade secret/non-compete litigation. So many of these disputes get resolved at the injunctive relief phase of the proceeding that, when one goes the distance, it is almost always worth...more

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