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Don’t Play Chicken With Court Orders: COVID-19 Is No Excuse for a Terminated Franchisee to Continue Using the Franchisor’s...

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

No Good Deed Goes Unpunished: Return to Work May Mean Reduced Protections for Trade Secrets and Customer Goodwill

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

Avoid Spinning Your Wheels: Peloton as a Case Study in the Protection of Customer Goodwill

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

Never Let a Crisis Go to Waste: Plaintiffs’ Lawyers Target Colleges and Universities for COVID-19 Responses

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

Normalizing the Abnormal—Protecting Trade Secrets in a Post-COVID-19 World

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

Preparing for Trade Secret and Restrictive Covenant Litigation While the Court Near You is Closed

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

Prior Ruling on What Constitutes a Litigation “Emergency” May Not Be a Unicorn After All

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

Enforcement of Non-Compete Agreements During Times of High Unemployment

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

Protecting Trade Secrets During a Pandemic: Think Twice Before Loosening Security Measures in the Name of Convenience and...

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

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