On Friday, July 9, 2021, the Biden Administration released its executive order on “Promoting Competition in the American Economy.” We previously wrote about the forthcoming order and predicted that the executive order’s...more
The Biden Administration plans to issue an executive order calling on the Federal Trade Commission (FTC) to adopt rules to limit the use of noncompete clauses in employment agreements. According to Axios, White House Press...more
In a long-awaited decision, the Supreme Court resolved a circuit split about whether an individual with access to a computer system violates the Computer Fraud and Abuse Act (“CFAA”) by accessing information for an improper...more
2020 brought with it a bevy of new challenges for companies of all sizes in every industry, not the least of which was protecting trade secrets and confidential information in the face of newly remote workforces. 2021 brings...more
President-elect Joe Biden has issued a “Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions” on his website, and it includes an interesting statement about what his incoming administration purportedly...more
In a decision of first impression issued last week, the United States District Court for the Western District of Tennessee held, in Gus’s Franchisor, LLC v. Terrapin Restaurant Partners, LLC, that the COVID-19 pandemic did...more
9/9/2020
/ Civil Contempt Orders ,
Coronavirus/COVID-19 ,
First Impression ,
Franchise Agreements ,
Franchisee ,
Infectious Diseases ,
Intellectual Property Protection ,
Permanent Injunctions ,
Proprietary Information ,
Restaurant Industry ,
Trade Secrets ,
Trademarks ,
TRO
At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more
8/11/2020
/ Acquisitions ,
Brand ,
Breach of Contract ,
Business Model ,
Business Strategies ,
Business Valuations ,
Celebrity Endorsements ,
Confidential Information ,
Cosmetics ,
Distributors ,
Injunctions ,
Injunctive Relief ,
Intellectual Property Protection ,
Manufacturers ,
Marketing ,
Misappropriation ,
Partnerships ,
Proprietary Information ,
Suppliers ,
Trade Secrets ,
Unfair Competition ,
Uniform Trade Secrets Acts
As many of our blog readers will know, the enforceability of restrictive covenants often depends on which state’s law applies to the dispute. For example, California is well known for refusing to enforce employee...more
Tens of millions of employees have been laid off or furloughed as a result of the COVID-19 pandemic. Now that the reopening process has begun in most states, many of those employees are being rehired and reactivated. ...more
The “return to normal” in courts across the country has brought with it a flurry of trade secrets decisions that address some interesting and instructive issues, both procedurally and substantively....more
We previously wrote about whether Peloton instructors are (or should be) subject to non-compete agreements owing to their prominent role as the “face” of the company. ...more
6/1/2020
/ Advertising ,
Competition ,
Contract Terms ,
Endorsements ,
Influencers ,
Intellectual Property Protection ,
Marketing ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Restrictive Covenants ,
Social Media
As we previously reported, CBD company Healthcare Resources Management Group, LLC (Healthcare Resources) filed an action in the US District Court for the Southern District of Florida claiming trade secret misappropriation by...more
As the global economy falters, a fortunate few companies have seen tremendous growth as a result of the COVID-19 crisis. Among the companies benefitting from the shelter-in-place orders currently in effect is Peloton...more
On May 13, 2020, the Federal Bureau of Investigation (FBI) and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) issued a joint Public Service Announcement (PSA) about a threat to...more
5/19/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Management ,
Data Protection ,
Educational Institutions ,
FBI ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Information Technology ,
Intellectual Property Protection ,
Popular ,
Property Theft ,
PSA ,
Scientific Research ,
Trade Secrets
As the number of COVID-19 cases began to rise in the United States, colleges and universities around the country took proactive steps to limit the spread of the disease on campuses. Students were asked to return home; faculty...more
5/6/2020
/ Breach of Contract ,
Class Action ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Refunds ,
Reimbursements ,
Student Housing ,
Students ,
Tuition ,
Universities
On April 16, 2020, the White House issued its “Guidelines for Opening Up America Again,” and several states have begun a slow process of emerging from the shutdown....more
One of the first things a company should do when it suspects that its trade secrets have been compromised or that an employee has violated post-employment restrictive covenants is to conduct an investigation. ...more
4/20/2020
/ Confidential Information ,
Data Security ,
Electronically Stored Information ,
Forensic Examination ,
Information Technology ,
Intellectual Property Protection ,
Investigations ,
Misappropriation ,
Remote Working ,
Restrictive Covenants ,
Risk Management ,
Trade Secrets
We have previously written about the effects of COVID-19 on the way we currently work, as well as how businesses need to adapt to protect their trade secrets, customer goodwill, and other interests. ...more
As a result of the COVID-19 crisis, and the effective shut down of most of the US economy over the past several weeks (and for the foreseeable future), many companies are currently hemorrhaging cash, others may be temporarily...more
Imagine this scenario: You are the general counsel of a company in a particularly competitive industry. A key company employee who has access to some of the company’s most sensitive information has been working remotely for...more
4/14/2020
/ Administrative Proceedings ,
Cease and Desist Orders ,
Coronavirus/COVID-19 ,
Courthouses ,
Discovery ,
Forensic Examination ,
Forum ,
Injunctions ,
Intellectual Property Protection ,
Judicial Proceedings ,
Restrictive Covenants ,
Trade Secrets
As we previously reported, as a result of the COVID-19 crisis, courts across the country are adjourning most appearances, including trials, and hearing only “emergency matters,” often by teleconference or other remote...more
As we have previously reported, courts across the country are adjourning most appearances, including trials, and hearing only “emergency matters” during the current COVID-19 crisis. ...more
According to a March 26, 2020, News Release issued by the Department of Labor (“DOL”), initial unemployment claims in the United States soared to a seasonally adjusted 3.3 million the week ending March 21, 2020, the greatest...more
When the COVID-19 crisis hit the United States (indeed, before it was even considered a “crisis” here), we provided tips for protecting a company’s trade secrets in the event employees were permitted to work from home. In the...more
In the world of trade secret and restrictive covenant litigation, time is often of the essence. Clients need to take immediate steps to prevent the harm that flows from the misappropriation of confidential information....more