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
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
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
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
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
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 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
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
On February 21, 2019, the New Hampshire Senate, in a bipartisan voice vote and without debate, passed Senate Bill 197, which would prohibit employers from requiring low-wage workers to enter into non-compete agreements, and...more
2/27/2019
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Legislative Agendas ,
Low-Wage Workers ,
Non-Compete Agreements ,
Pending Legislation ,
Popular ,
Restrictive Covenants ,
State and Local Government ,
Trade Secrets ,
Unenforceable Contract Terms