Fifth Circuit holds six-month delay in ADA accommodation request was unreasonable -
The Fifth Circuit Court of Appeals in Strife v. Aldine Independent School District partially reversed the lower court’s dismissal of an...more
Second Circuit holds employees get disability accommodations even if not necessary to perform their job -
In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of...more
Connecticut declines to restrain departed founder from using client list -
A Connecticut federal judge in TJT Capital Group, LLC v. Timothy McFadden denied an investment adviser’s motion for a temporary restraining order...more
4/2/2025
/ American Civil Liberties Union (ACLU) ,
Appeals ,
Artificial Intelligence ,
Disability Discrimination ,
Employment Discrimination ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Non-Compete Agreements ,
Race Discrimination ,
Restrictive Covenants ,
Trade Secrets
Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint -
In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more
1/6/2025
/ Appeals ,
Arbitration Agreements ,
Arbitration Awards ,
Arizona ,
Blue Pencil Contract Modification ,
Confidential Information ,
Counterclaims ,
DE Supreme Court ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Rules of Evidence ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Settlement ,
Settlement Negotiations ,
Sexual Harassment ,
Tortious Interference ,
Whistleblowers
On July 3, 2024, U.S. District Judge Ada Brown from the Northern District of Texas issued a decision, and subsequently a preliminary injunction, staying enforcement of the Federal Trade Commission’s (“FTC”) non-compete ban...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
New York State and New York City Human Rights Laws May Protect Out-of-State Applicants -
On March 14, the New York Court of Appeals held that out-of-state applicants who seek employment within the State or the City can...more
Delaware court declines to enforce restrictive covenants in LLC agreement but grants interlocutory appeal.
In Sunder Energy v. Jackson, et al., a company, Sunder, sued a former employee, Jackson, for breaching a...more
Ex-employee’s golf outing with customer does not violate non-solicit -
An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more
12/4/2023
/ Appeals ,
Artificial Intelligence ,
Breach of Contract ,
Class Action ,
Confidential Information ,
CVS ,
Defend Trade Secrets Act (DTSA) ,
Employment Litigation ,
Injunctive Relief ,
Motion to Dismiss ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Preliminary Injunctions ,
Private Right of Action ,
Restrictive Covenants ,
Software ,
Trade Secrets
October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges -
Compilation of...more
11/1/2023
/ Appeals ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Non-Solicitation Agreements ,
Settlement Agreements ,
Trade Secrets ,
Unions