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Rhode Island Governor Vetoes Proposed Non-Compete Ban

Against the backdrop of the FTC’s rule banning non-compete agreements nationwide and the lawsuits challenging that rule, many states have considered legislation narrowing or outright banning non-competes. Minnesota recently...more

Third Circuit Holds that Judge, Not Jury, May Determine “Bad Faith” for Purposes of Fee Shifting Under DTSA and PUTSA

Both the federal Defend Trade Secrets Act of 2016 (“DTSA”) and Pennsylvania Uniform Trade Secrets Act (“PUTSA”) provide that a defendant may recover its attorneys’ fees if it demonstrates that a claim for misappropriation of...more

Appeals Court Reinstates Legal Challenge to Local Law 97 Governing Emissions of Greenhouse Gases by Big Buildings in New York City

In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and...more

Court of Appeals Clarifies New York’s Approach to “Successor Jurisdiction”

On April 18, 2024, the New York Court of Appeals (New York’s highest appellate court) issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, --- N.E.3d ---, 2024 WL 1661460 (Apr. 18, 2024) in which it held...more

New York Governor Hochul Rejects Wholesale Ban on Non-Compete Agreements

On November 30, 2023, Governor Kathy Hochul answered the long-awaited question of whether New York would join California, North Dakota, Oklahoma and, most recently Minnesota, as a state banning the use of non-compete...more

Federal Court: New York City COVID-19 Guaranty Law Unconstitutional

On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York issued her highly anticipated ruling in the latest iteration of Melendez et al v. The City of New York, et al. Judge Abrams granted...more

California Representative Mike Garcia Introduces Federal Bill Barring Non-Compete Agreements

On September 1, 2022, Representative Mike Garcia (CA-25) introduced H.R. 8755, titled The Restoring Workers’ Rights Act (the “RWRA”), which would effectively ban non-compete agreements for non-exempt (low-to-mid wage)...more

Co-ops Now Exempt from Housing Stability and Tenant Protection Act

While we look ahead to all that 2022 has to offer, we want to make sure you are aware of some significant developments impacting co-ops that took place at the end of 2021. On December 22, 2021, Governor Hochul signed a law...more

Vaccine Mandates for Condominium and Cooperative Building Employees: Union vs. Non-Union

Many condominium and cooperative boards in New York City have asked whether they can mandate the vaccination of their building employees. Implementation of a vaccine mandate may implicate, among other things, union concerns,...more

Ten Trade Secret Resolutions to Keep for 2021 and Beyond

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

Will Biden Ban Non-Competes?

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

Recent New York Decision Holds Restaurant Responsible for Rent During the Pandemic

A Kings County Supreme Court Commercial Division Justice recently rejected a restaurant tenant’s argument that the Executive Orders issued in response to the COVID-19 pandemic frustrated the purpose of its commercial lease,...more

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

6th Circuit Bolsters Employer’s Right to Contract for Chosen Law

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

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

Courts Across the Country Continue to Address Trade Secrets Issues

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

Preventing the “Face” of Your Company from Doing an About-Face for a Competitor

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

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

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

Conducting Trade Secret and Restrictive Covenant Investigations Remotely

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

Bankruptcy is Not a “Get Out of Jail Free” Card: Enforcing Trade Secret Rights and Restrictive Covenants Against Financially...

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

Protecting Trade Secrets Without Breaking the Bank (Or Even Negatively Affecting Profits)

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

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

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