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
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
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
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
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
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
4/24/2023
/ CARES Act ,
Commercial Leases ,
Commercial Litigation ,
Coronavirus/COVID-19 ,
Guaranty Claims ,
Landlords ,
New York ,
Public Health Emergency ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants ,
Unenforceable Contract Terms
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
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
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
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
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
10/5/2020
/ Breach of Contract ,
Business Closures ,
Business Interruption ,
Commercial Court ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Executive Orders ,
Failure To Pay ,
Frustration of a Common Purpose ,
Infectious Diseases ,
Public Health Emergency ,
Rent
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
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 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
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