News & Analysis as of September 20, 2024

Employer Liability Issues

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A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure. Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera. less -

Work This Way: A Labor & Employment Law Podcast - Episode 31: Trade Secrets and Protecting Confidential Information with Jennie...

Maynard Nexsen on 9/11/2024

In this episode, our very own Jennie Cluverius sits down with Tina and Christy for part 1 of an in-depth conversation on how employers can protect their most confidential information from misappropriation. Jennie shares her...more

Your Non-Compete and Trade Secrets To-Do List for August 2024

Fisher Phillips on 8/5/2024

Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more

Singapore: Restrictive Covenants

Mayer Brown on 7/26/2024

AT A GLANCE - Restrictive covenants are a common feature in an employment context, especially for senior employees with special trade connections or who have access to trade secrets....more

Germany: Restrictive Covenants

Mayer Brown on 7/26/2024

AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more

Look Out for LinkedIn: Top Questions for Employers on How the Platform Impacts Your Workplace

Fisher Phillips on 5/31/2024

LinkedIn has become a key part of the business world for workers and employers alike. The platform can aid your recruitment efforts, company branding, and business development. But the world’s largest professional networking...more

FTC Approves Rule Banning Non-Competes With Workers

Seyfarth Shaw LLP on 4/24/2024

This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section...more

FTC Issues Final Rule Effectively Banning Workplace Non-Compete Agreements

Littler on 4/24/2024

On April 23, 2024, the Federal Trade Commission (FTC) by a vote of 3-2 approved and issued its final rule that effectively bans employers’ use of all non-compete agreements (with very limited exceptions). The final rule is...more

#WorkforceWednesday: Non-Compete Law Update – Key Developments from 2023 - Employment Law This Week® - Spilling Secrets Podcast

Epstein Becker & Green on 12/13/2023

This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

#WorkforceWednesday: Restrictive Covenants Around the World - Challenges for Multinational Employers - Employment Law This Week® -...

Epstein Becker & Green on 11/15/2023

This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: Restrictive covenants, such as non-compete and non-solicitation agreements, are regulated differently...more

Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

Seyfarth Shaw LLP on 10/19/2023

California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements....more

New California Non-Compete Law Furthers the State’s Employee Mobility Protections and Seeks to Void Out of State Employee...

Seyfarth Shaw LLP on 9/11/2023

On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law...more

New Golden State Law To Create Gold Rush Litigation Testing Non-Compete Agreements

CDF Labor Law LLP on 9/7/2023

For over two decades, California law concluded non-compete agreements are not enforceable in the context of employment, Edwards v. Anderson, 44 Cal.4th 937 (2008) and even created a public policy claim against employers...more

Employee Exits: Preparations to Compete Despite Fiduciary Duties

Freeman Law on 7/12/2023

Introduction - The dissolution of an employment relationship can provoke conflict, uncertainty, and stress. The stress can be heightened when the departing employee is likely to compete with the former employer, using...more

Data Theft After Layoffs: Preventive Steps & the Insurance Response

Woodruff Sawyer on 3/28/2023

Many prominent tech companies have recently conducted mass layoffs—some as a response to the slowing economy, and others to correct for pandemic hiring sprees. Whatever the reason, one of the risks that arise when laying off...more

Steps Employers Can Take Before a Reduction in Force to Help Protect Trade Secrets

Littler on 3/14/2023

Layoffs are here and with them comes an often-overlooked threat: trade secret misappropriation. Thousands of tech workers have been laid off over the last year, and 61% of business leaders say their organizations will likely...more

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

Fisher Phillips on 11/1/2022

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase...more

#WorkforceWednesday: Spilling Secrets: Hiring from a Competitor? Don't Get Sued. - Employment Law This Week®

Epstein Becker & Green on 7/20/2022

This week, we introduce Spilling Secrets, a new monthly podcast series on the future of non-compete and trade secrets law. If you're hiring from a competitor amid the Great Resignation, one of your top priorities is not...more

Going to Work for a Competitor? Tips to Avoid a Legal Dispute

Miles Mediation & Arbitration on 6/7/2022

You’ve passed all the interviews. You’ve negotiated the salary. Finally, you receive the job offer. It’s a great opportunity. There’s only one problem: you’ll be going to work for your company’s direct competitor. It’s time...more

Forecast: March 2022 Edition

Fisher Phillips on 3/16/2022

Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more

3 Key Reminders to Ensure Your Non-Compete Agreements are Effective and Enforceable in 2022

Fisher Phillips on 3/3/2022

Employers routinely rely on restrictive covenants, such as non-compete agreements and non-solicitation agreements, to remain competitive and protect important confidential information and trade secrets. However, in the past...more

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal...

BakerHostetler on 1/27/2022

Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more

Biden Order: Consider a Federal Rule on Non-Competes

Akerman LLP - HR Defense on 7/14/2021

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

5 Trade Secret Protection Steps Employers Should Take in Response to New Corporate Espionage in Florida Act

Fisher Phillips on 6/22/2021

Florida Governor Ron DeSantis recently signed the Combating Corporate Espionage in Florida Act into law, and it will take effect on October 1, 2021. The new law was created to protect intellectual property in Florida from...more

[Webinar] Both Sides of the Coin: Protecting Your Own Workforce and Trade Secrets from Potential Raiders, and Minimizing...

Epstein Becker & Green on 5/6/2021

The nation is beginning to see the light at the end of the pandemic tunnel. Employees who have been working from their kitchen tables for 12 months are starting to look toward greener pastures. Protecting against the risks of...more

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