Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation...more
What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality...more
On Tuesday, April 23rd, the Federal Trade Commission voted to enact a final rule banning most non-compete agreements between employers and employees. Generally, non-compete agreements prohibit employees from engaging in...more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
Businesses are built through hard work and significant investment. One of the most significant investments, and thus greatest assets to a business, is the investment of time and resources in its people. Protecting that...more
By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation,...more
When a non-compete agreement contains an arbitration clause, this raises the issue of whether the non-compete should be enforced through arbitration or litigation. This is an obvious threshold question with an answer that is...more
Yes, but with caveats. For non-compete agreements in Arkansas, there are separate rules for non-medical and medical employees. This variance stems from Arkansas’ non-compete statute, which applies to non-medical employees,...more
In employment law, “blue penciling” a non-compete agreement refers to the practice whereby a court concludes that a non-compete agreement is unenforceable because it is overly broad, but rather than throw out the agreement...more
Yes. However, for many non-competes, an employee’s continued employment is sufficient. For non-competes signed after July 21, 2015, the statute explicitly states that an employee’s continued employment is sufficient...more
Often this is not a large concern, but may be applicable in some situations. The first question to ask is when was this non-compete agreement signed?
In Arkansas, the watershed date is July 22, 2015, which is when a...more
It depends. The first question to ask is when was this non-compete agreement signed?
In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play. ...more
It depends. The first question to ask is when was this non-compete agreement signed?
In Arkansas, the watershed date is July 22, 2015, which is when a landmark non-compete statute came into play....more
Our business clients tell us everyday what we are all seeing in the headlines on a regular basis: employees are hard to hire and retain. Some commentators have coined the term “the great resignation” to aptly describe the...more
Litigation over non-compete agreements can be complex, involving simultaneous lawsuits in different states, timely legal maneuvering, and substantial organizational challenges. The stakes are often high. Litigating in this...more
Clauses in employment contracts may appear benign when a contract is signed, but then later balloon into serious problems. This article will address several of the issues that we see commonly litigated, helping you to...more