News & Analysis as of

Non-Disclosure Agreement Non-Compete Agreements

Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

by Fisher Phillips on

Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency...more

Court Finds Broad Non-Disclosure Agreement is Unenforceable Non-Compete

by Nexsen Pruet, PLLC on

Last week, in the case of Fay v. Total Quality Logistics, LLC, the South Carolina Court of Appeals ruled that language in a non-disclosure agreement was so broad it effectively became an invalid non-compete agreement. The...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

White House Continues Attack on Non-Compete Agreements

by Jackson Lewis P.C. on

“State Call to Action on Non-Compete Agreements” is the White House’s latest in a series of Executive Branch missives decrying the purported misuse of non-competition agreements by employers across the country....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

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

by Seyfarth Shaw LLP on

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

Terminating an Injunction Regarding Confidential Information

by Fisher Phillips on

Although the Georgia appellate courts have not issued many decisions on the new restrictive covenant statute that went into effect on May 11, 2011, they do continue to issue decisions in the area of protecting confidential...more

Utah and Idaho Take Contrasting Approaches to Non-Compete Reform

In the last few weeks, Utah and Idaho have each passed bills changing the landscape of non-compete enforceability in strikingly different ways. Utah’s law places further limitations on the use of non-competes. In contrast,...more

Question #273: Crafting a Concrete Non-Compete

by Dorsey & Whitney LLP on

Question: Our company uses non-compete and non-solicit agreements that bar former employees from having contact with any client of our company after they leave. One former employee who recently left is now claiming the...more

Non-Disclosure Agreement Enforceable Although Unlimited In Time And Area

by Seyfarth Shaw LLP on

A salesman for a medical device manufacturer signed a confidentiality covenant at the time he was hired. A dozen years later, he resigned and went to work for a competitor. The former employer sued him in an Ohio federal...more

“Confidential” Information Protectable in the Sixth Circuit

On November 17, 2015, the Sixth Circuit held in an unpublished opinion that “confidential” information that does not otherwise qualify as a trade secret may nevertheless be protected contractually in nondisclosure or...more

Safeguarding Trade Secrets: What You Need To Know

by McNees Wallace & Nurick LLC on

Chances are your business is built on carefully cultivated client lists and finely honed business-development strategies. You might believe that such information is a trade secret and assume that it’s automatically protected...more

Protecting Company Relationships and Information Upon an Employee Departure

by Smith Anderson on

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

Frequently Asked Questions Regarding Trade Secret Disputes and Employment Risks

by Seyfarth Shaw LLP on

In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks. 1. Could you provide a brief snapshot of current trends in...more

M&A: How to Maximize Your Return When Selling Your Business

by McCarter & English, LLP on

As a family or private business owner, you know how to sell your product or service. But do you know how to sell the company itself? Selling a business that has been built over the years is emotional and stressful, and for...more

Effective Carve-Outs to Seek Injunctive Relief from the Court in Arbitration Provisions

by Seyfarth Shaw LLP on

Christopher Pike: “That’s a technicality.” Spock: “I am a [lawyer], sir. We embrace technicalities.” Star Trek Into Darkness - Arbitration is no longer the final frontier. Instead, arbitration is often the...more

Hiring Considerations for Startups: A Checklist

by JD Supra Perspectives on

Generally, startups lack resources to hire human resources professionals, and employment-related issues are a distant priority. Navigating the hiring waters is difficult, but sensitivity to a number of issues can ease the...more

LOIs are nothing to LOL about: A primer on letters of intent

by Thompson Coburn LLP on

Letters of Intent can be minefields. On the one hand, business people want to use them to tie up a deal. On the other, they don’t want to be bound by them if they want to walk away. As one court explained, “It is a common...more

Restrictive Covenants – A Close Call Goes The Employer’s Way

A very recent federal court decision, A.H. Harris & Sons, Inc. v. Naso, 2015 WL 1420132 (D.Conn.), illustrates how judges weigh various facts when deciding to grant or deny a preliminary injunction in a restrictive covenant...more

Uncertain Future for Non-Compete Agreements in Massachusetts: Legislators Seek Compromise

by Mintz Levin on

Hearing Overview: On June 23rd, the Massachusetts Joint Committee on Labor and Workforce Development met to consider legislation relating to the legality and enforcement of non-compete agreements. The committee...more

Things You Can’t Un-See … Such As Trade Secrets

by McCarter & English, LLP on

A federal appeals court has ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. This ruling reinforces the...more

A Win for Employers Enforcing Restrictive Covenants in Virginia

by PilieroMazza PLLC on

The enforceability of a restrictive covenant in an employment agreement, including a non-competition, non-solicitation, or non-disclosure provision, depends greatly on the state in which the covenant is to be enforced. ...more

Massachusetts Federal Court Refuses to Transform Non-Disclosure Agreement into a Non-Competition Agreement

A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification...more

Quick Reference Guide For Laws Governing Post-Employment Conduct - Fifty States At A Glance

by Carlton Fields on

In the first days after a key employee, or any employee with access to a company’s sensitive or proprietary business information, leaves to join a competitor, employers must quickly decide how to respond. In these situations,...more

Twas the Night Before Christmas -- Non-Compete Style

by Fisher Phillips on

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could...more

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