Hiring an employee away from a competitor can be a potential legal minefield. It can lead to significant exposure to lawsuits for causes of action including misappropriation of trade secrets, claims of tortious interference...more
The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more
In This Presentation, Ned Sackman, an attorney and member of Bernstein Shur’s Labor and Employment Practice Group, explores ways companies can secure intellectual property using the following tools: • Non-disclosure,...more
If you have followed this blog, then you likely already know that restrictive covenants are legal and enforceable in Florida. You should also know that – although enforceable – restrictive covenants are strictly construed...more
In This Presentation: 1. Employment law in Germany – General facts 2. The Employee 3. Overview on German social security system 4. Dismissal of employees 5. Managerial authority 6. Modification of...more
Password encrypted computers, locked file drawers, swipe cards allowing for restricted access. These are all measures taken by businesses to protect their confidential business information and trade secrets. While these steps...more
In This Issue: - Business Torts in Virginia - Virginia Non-Competition Law After Home Paramount - 2013 Mileage Rates Alert - Excerpt from 2013 Mileage Rates Alert: The Internal Revenue Service has...more
“Covenants Not To Compete” are essential tools used in the insurance industry, and in many industries, to prevent essential employees from leaving your company to work for a competitor and to take with them trade secrets or...more
1. Standard governing liability under 93A - Higher standard applies for business plaintiffs – More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to prevail...more
A client recently came to me with a problem lawyers often hear: the client’s family-owned business needed to hire new employees to keep up with the growth. In particular, the company needed additional sales force and...more
February 2013 was an active month in the world of non-competes and trade secrets, and if we read the tea leaves, it looks like things are only going to get busier. Before I recap some of February's highlights and direct you...more
One of the more difficult aspects of trade secrets law is determining how long to enjoin competitive conduct that infringes trade secret rights of the owner....more
Most non-compete (and some trade secrets) cases are effectively decided at the preliminary injunction stages. For counsel, this means that a significant part of the lawsuit must be tried quickly and with great efficiency....more
The National Labor Relations Act (the “NLRA”) has always applied to both unionized and non-unionized workplaces. However, one of the priorities of President Obama’s appointees to the National Labor Relations Board (the...more
The new year is off to a pretty big start. We've already seen significant decisions from federal appellate courts on criminal trade secrets prosecutions and the epic Mattel/MGA "Bratz" dolls dispute. We have a looming debate...more
As January draws to a close, we figured it seemed like a good time to take stock of where things stand in the world of non-competes and trade secrets....more
For those of you interested in the academic side of non-compete agreements, the article I have embedded with this post is a must-read....more
Seven years after entering into a separation agreement with one of its executives, Hallmark Cards, Inc. brought suit against the former employee, seeking a “full refund” of the $735,000 severance it paid her....more
Generally speaking, noncompete agreements are often rigidly construed by courts and reviewed in terms of whether they are reasonably limited with respect to time and place. On the other hand, confidentiality agreements and...more
After 113 days, the NHL lockout ended with the NHL and its players association reporting that they have reached a tentative deal. Although they say that a lot of i's need to be dotted and t's need to be crossed, it looks as...more
On December 22, 2012, ModernHealthcare.com reported that United Health Services (“UHS”), based in King of Prussia, Pennsylvania, won a $6.89 million jury verdict against Acadia Healthcare (“Acadia”), a healthcare company...more
Free-to-play games are all the rage these days. Many people while away their days playing Angry Birds, or Words with Friends before going home to watch Monday Night Football. Nerds — and, increasingly, “normal people” — do...more
Many businesses rely on keeping trade secrets confidential. Coca-Cola has successfully kept their formula secret for many years. Apple and Samsung have been embroiled in a lengthy trade secret battle over phones and tablets....more
In this series of blog posts, we have examined the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who have solicited clients...more
You’ve read the tile of this article. There it is, up above. Let me repeat: Preventing Unfair Competition in the Absence Of A Noncompete Agreement What I really want you to focus on is the last part. The part that reads:...more
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