News & Analysis as of September 22, 2024

Misappropriation

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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 -

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

Holtzman Vogel Baran Torchinsky & Josefiak on 8/2/2024

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

Franchisee 101: Braking The Competing Business

Lewitt Hackman on 5/2/2024

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

Preliminary Injunction, Meet Irreparable Harm

McDermott Will & Emery on 4/13/2023

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

Practice What You Preach: Trade Secret Rules (Of Course) Apply to Lawyers

Sheppard Mullin Richter & Hampton LLP on 5/5/2021

When trade secret lawyers advise executives transitioning to a job with a competitor, they typically tell them to “take nothing with you” on the way out – meaning that no confidential, proprietary or trade secret information...more

Intent To Use Is Sticking “Pointe” In Denial Of Preliminary Injunction

Orrick - Trade Secrets Group on 11/6/2018

On October 25, the U.S. District Court for the District of Massachusetts denied motions for injunctive relief in a case involving trade secrets allegedly stolen by a departing consultant using his personal computer to sync...more

Swimming Pool Company’s Non-Compete Claim Takes a Dive

Zuckerman Spaeder LLP on 9/8/2017

When a company believes that an employee has breached a non-compete agreement by going to work for a competitor, one remedy it can seek is a preliminary injunction. A preliminary injunction is meant to preserve the status quo...more

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

Brooks Pierce on 2/16/2017

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

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

Orrick - Trade Secrets Group on 1/20/2017

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

Federal Precedents Under the DTSA Have Arrived

Seyfarth Shaw LLP on 8/2/2016

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

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Non-Compete Agreements › Preliminary Injunctions › Misappropriation

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