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
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
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
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
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
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
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
As we previously reported, on February 18, 2020, Medterra CBD (“Medterra”) filed a motion to dismiss a lawsuit alleging that it had misappropriated Healthcare Resources Management Group LLC’s (“Healthcare Resources”)...more
Fear of the coronavirus is causing many employers to permit—or in some cases mandate—employees to work remotely. While this measure is designed to minimize the risk of virus transmission, it presents an altogether different...more
3/6/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Confidential Information ,
Coronavirus/COVID-19 ,
Crisis Management ,
Defend Trade Secrets Act (DTSA) ,
Emergency Management Plans ,
Employee Monitoring ,
Employee Training ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Information Security ,
Intellectual Property Protection ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Security Standards ,
Telecommuting ,
Trade Secrets ,
UTSA ,
Workplace Safety
On February 18, 2020, Medterra CBD filed a motion to dismiss a lawsuit alleging that it had misappropriated Healthcare Resources Management Group LLC’s (“Healthcare Resource”) proprietary formula for a CBD cream aimed at...more
Last summer, after a decade of fits and starts, and just minutes before the end of the 2018 legislative session, the Massachusetts legislature finally passed comprehensive non-compete reform, which went into effect on October...more
12/17/2019
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Exempt-Employees ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Legislative Agendas ,
Non-Compete Agreements ,
Physician Assistants ,
Proposed Legislation ,
Restrictive Covenants ,
State and Local Government
As we previously covered, a group of 18 state attorneys general in July filed comments with the Federal Trade Commission (“FTC”), asking the FTC to incorporate labor concerns when reviewing corporate mergers and to use its...more
12/16/2019
/ Antitrust Provisions ,
Competition ,
Confidential Information ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Regulatory Oversight ,
Restrictive Covenants ,
Sherman Act ,
Trade Secrets
Manhattan restaurant Sottolio, Inc., d/b/a Norma Gastronomia Siciliana hired Giuseppe Manco—“a noted Italian pizza chef, or pizzaiolo”—to consult on its menu. At the same time, Manco and his wife purchased a 9% interest in...more
12/11/2019
/ Breach of Contract ,
Confidential Information ,
Contract Terms ,
Economic Impact Analysis ,
Intellectual Property Protection ,
Legitimate Business Interest ,
Motion to Dismiss ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Proprietary Information ,
Recipes ,
Restaurant Industry ,
Restrictive Covenants
Following in the footsteps of its neighbors Maine, Massachusetts, and New Hampshire, Rhode Island recently enacted legislation that restricts the use of non-competition agreements with certain types of employees. The Rhode...more
11/6/2019
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.) have introduced legislation entitled the Workforce Mobility Act (“WMA”). The WMA, like its prior incarnation from last year, seeks to ban non-compete agreements outside...more
10/31/2019
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Legislative Agendas ,
Low-Wage Workers ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
Rulemaking Process ,
Threshold Requirements
Courts have long lamented that “computing damages in a trade secret case is not cut and dry,” Am. Sales Corp. v. Adventure Travel, Inc., 862 F. Supp. 1476, 1479 (E.D. Va. 1994), meaning that “every [trade secret] case...more
10/17/2019
/ Antitrust Violations ,
Calculation of Damages ,
Confidential Information ,
Counterclaims ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Future Royalties ,
Misappropriation ,
Permanent Injunctions ,
Trade Secrets ,
Unjust Enrichment ,
UTSA
On June 28, 2019, Governor Mills signed LD 733, An Act To Promote Keeping Workers in Maine, into law. The Act places limits on non-compete agreements and bans restrictive employment agreements....more
8/7/2019
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
Trademarks
On July 11, 2019, Governor Sununu signed S.B. 197 into law. S.B. 197 prohibits an employer from requiring an employee who makes 200% of the federal minimum wage ($14.50) to sign a non-compete agreement restricting the...more
7/17/2019
/ Confidential Information ,
Contract Terms ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Pre-Employment Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
Trade Secrets ,
Wage and Hour
Caramel Crisp LLC, the owner of Garrett Popcorn Shops (“Garrett”), the renowned Chicago-based purveyor of deliciously flavored popcorn, recently filed suit in federal court in Chicago against its former director of research...more
The Financial Industry Regulatory Authority (FINRA) recently issued some expectations/guidance to industry members on FINRA’s expectations when a broker leaves for another firm....more
4/29/2019
/ Brokers ,
Confidential Information ,
Financial Industry Regulatory Authority (FINRA) ,
Former Employee ,
Intellectual Property Protection ,
Investment Firms ,
Investment Management ,
Misappropriation ,
New Guidance ,
Policies and Procedures ,
Trade Secrets
After being slapped with a post-trial judgment last April totaling $2.2 million for misappropriation of confidential and proprietary information, two Wyoming bank executives were named in an unprecedented “Notice of Intent to...more
3/14/2019
/ Banks ,
Breach of Duty ,
Confidential Information ,
Criminal Conspiracy ,
Federal Reserve ,
Fiduciary Duty ,
FSB ,
Misappropriation ,
Orders of Prohibition ,
Post-Trial Order ,
Proprietary Information ,
Trade Secrets
The Vermont Legislature kicked off 2019 with bill H.1, seeking to ban non-competes in the Green Mountain State. The new bill has been filed by Martin LaLonde, who promulgated an identical bill last January. ...more
Readers of our blog will recall that this summer, the Massachusetts legislature passed a non-compete reform bill after nearly a decade of fruitless attempts. The new law goes into effect today, meaning that any agreements...more
10/1/2018
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Garden Leave ,
Hiring & Firing ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws