SCOTUS Limits Availability of Injunctions in NLRB Unfair Labor Practice Cases - Employment Law This Week®
Post-Injunction Enforcement — Highway to NIL Podcast
The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast
NIL Recruitment Injunction — Highway to NIL Podcast
Injunctions for All – Speaking of Litigation Podcast
Podcast: The Briefing by the IP Law Blog - Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction
The Briefing by the IP Law Blog: Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction
#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification - Employment Law This Week®
Bar Exam Toolbox Podcast Episode 86: Tackling a California Bar Exam Essay: Remedies
#WorkforceWednesday: Component 2 Pay Data Shutdown, CDC Coronavirus Guidance, and California Employers Fight Back - Employment Law This Week®
E18: ICANN Loses First GDPR Court Ruling in Germany
A recent decision by EDVA District Judge Henry Hudson granting a preliminary injunction to a wealth management firm against four of its former employees who left to open a competing firm is a good example of the speed of the...more
Can you get a court to stop someone from sharing customer/client lists in Arkansas? As explained in this blog post, it depends. But often the question is debatable and hiring an attorney experienced in unfair competition...more
When litigating employment non-competition covenants, issuance by the court of a preliminary injunction may be more important than the ultimate outcome of the litigation. Depending on the circumstances, the injunction can...more
Injunctions are a powerful deterrent against those who seek to misappropriate valuable trade secrets. And without preliminary injunctions — which typically last until the conclusion of a trial — trade secret owners can face...more
In Direct Biologics L.L.C. v. McQueen, et al., the U.S. Court of Appeals for the Fifth Circuit vacated a lower court’s dismissal of a trade secret and restrictive covenants suit, but nonetheless stressed the need for movants...more
A recent Sixth Circuit decision upholding an employer’s non-compete agreement with a former employee highlights the need for legal counsel to craft preliminary injunction language in such matters which reflects the unique...more
The U.S. Circuit Court of Appeals for the Third Circuit took on the misappropriation of trade secrets recently, reversing a district court’s grant of a preliminary injunction halting competition by a company’s rival and two...more
In a recent decision out of the U.S. District Court for the District of Minnesota, a court ruled that a non-party to a lawsuit could be held in contempt for violating a preliminary injunction entered against the defendants in...more
Misappropriation of trade secrets claims often turn on whether the information that was taken is truly a “trade secret.” In considering whether information is a trade secret, courts consider a number of factors, including...more
Most of the action in restrictive covenant cases occurs in the beginning of the litigation at the temporary or preliminary injunction stage when a company seeks to stop someone from doing something immediately. However,...more
FP UC Holdings, LLC v. Hamilton, C.A. No. 2019-1029-JRS (Del. Ch. Mar. 27, 2020). A party seeking a preliminary injunction must demonstrate a likelihood of success at trial....more
An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act....more
Courts have long held that, in order for something to be considered a “trade secret,” a business owner has to actually make efforts to keep the supposed trade secret a secret. It stands to reason that if no efforts are made...more
When seeking to enforce a restrictive covenant, whether a noncompete or a nonsolicit, the standard play-book calls for an aggrieved party to file suit and seek a temporary restraining order and preliminary injunction to...more
Bass, Berry & Sims attorney Chris Lazarini outlined a court’s decision to uphold a permanent injunction against a broker finding the appellate rules do not allow for an appeal as a matter of right. In this case, a bank sought...more
“For injunctive relief, a practitioner must establish irreparable harm to the client caused by the misappropriation of the trade secrets. Irreparable harm can come in many forms, with reputational harm and loss of goodwill...more
Court rules that WeRide is likely to prevail on merits of its trade secret misappropriation claims against competitors - In a trade secret misappropriation case between two autonomous vehicle companies, the Northern...more
Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more
On December 28, 2018, a three-judge panel of the Tenth Circuit Court of Appeals affirmed the holding by the U.S. District Court for the District of Colorado denying the plaintiff’s, DTC Energy Group, Inc. (“DTC Energy”),...more
A recent Texas appellate court decision provides additional guidance for those parties litigating trade secrets in the new era of the Texas Citizens Participation Act (“TCPA”). The holding in Morgan v. Clements Fluids S....more
ANTICORRUPTION DEVELOPMENTS - $34 Million SEC Settlement for Legg Mason - On August 27, 2018, the Securities and Exchange Commission (SEC) announced that Legg Mason Inc. will pay more than $34 million to settle an...more
A non-compete agreement in Nevada “must be limited to the geographical areas in which an employer has particular business interests,” the Nevada Supreme Court has affirmed. Shores v. Global Experience Specialists, Inc., 134...more
Given California's hostility to non-compete agreements, it is easy to lose sight of the fact that other states don't have the same attitude. In neighboring Nevada, the courts will look to whether the restraint on competition...more
Many defendants attempt to defend claims for trade secret misappropriation by claiming that they never used or disclosed the information in question. Based on a recent ruling by a federal district court in New York, however,...more
One piece of “bad” evidence (or evidence that simply looks bad) can sink a client at trial. How do you neutralize the evidence before the judge and keep the jury sympathetic to your client when there is evidence that, at...more