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Texas Lawmakers Enact New Laws Reforming Texas Medical Board Disciplinary Authority and Increasing Hospital Reporting Obligations

On June 13, 2023, Texas Governor Greg Abbott signed a major new patient safety bill into law that is intended both to reform the disciplinary authority of the Texas Medical Board (TMB) and to better protect patients from...more

The NLRB Joins the Fray: Another Attack on Non-Competes

The FTC is not alone in taking aim at non-competes. Yesterday, the NLRB’s General Counsel Jennifer Abruzzo issued a memo to all regional directors, officers-in-charge, and resident officers at the NLRB stating that...more

Working with Experts and Recent Developments in Trade Secrets Damages: Jesse Coleman Shares Key Takeaways from AIPLA Webinar

Recently, Seyfarth Partner Jesse Coleman had the opportunity to present an American Intellectual Property Law Association (“AIPLA”) webinar titled “Working with Experts and Recent Developments in Trade Secrets Damages.”...more

Today’s the Day: Deadline to Submit Comments to the FTC

For those interested in commenting on the FTC’s proposed rule banning nearly all non-competes, today, April 19, is your deadline to do so!...more

FTC Extends Public Comment Deadline on Proposed Rule Banning Employment Non-Competes Until April 19th

The FTC announced yesterday that it was extending the deadline to submit public comments on its proposed rule banning employment non-competes. ...more

Commercial Litigation Outlook - 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more

Supreme Court to Resolve Whether “Objectively Reasonable” Interpretation of Legal Obligation Insulates Defendants from False...

Seyfarth Synopsis: On January 13, 2023, the United States Supreme Court granted certiorari on a pair of hotly contested Seventh Circuit decisions, paving the way for a decision that will dramatically impact the way in which...more

Texas Court of Appeals Affirms Summary Judgment in Physician Staffing Case Citing Lack of Damages Evidence

On January 4, 2023, the Dallas Court of Appeals in Texas affirmed a summary judgment in a trade secrets physician staffing case that stands as a warning to practitioners regarding (1) what constitutes sufficient damages...more

Answering the $296 Billion Question: FTC’s Proposed Rulemaking on Worker Non-Competes Likely to be Found Unconstitutional

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with...more

Colorado Poised to Further Restrict Post-Employment Restrictions

On August 10, 2022, Colorado’s new statute further restricting non-competition and non-solicitation provisions becomes effective. The new law, which passed earlier this year, continues Colorado’s trend toward increased...more

FTC Further Scrutinizes Use of Non-Competes in Merger Transactions

The Federal Trade Commission (FTC) recently set its sights squarely on non-compete agreements in merger transactions, making them ripe for further scrutiny. In a Consent Order issued June 14, 2022, the FTC ordered GPM...more

Texas Supreme Court Confirms that HouseCanary Must Fly Toward a $201 Million Judgment or a Retrial

On June 17, 2022, the Texas Supreme Court affirmed a lower appellate court’s decision, (which we previously wrote about here), which nixed the plaintiff’s $740 million trade secret win at trial and required the plaintiff to...more

Federal Court Provides Insight on Meaning of “Solicitation” and Plaintiff’s Burden on Motion for Preliminary Injunction

A federal court in Texas recently provided useful insights on what constitutes “solicitation” by a former employee under that employee’s restrictive covenant with his former employer, and the court provided further insights...more

Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more

Texas Oil & Gas Manufacturing Company’s DTSA/TUTSA Lawsuit Unraveled by Public Disclosure of Alleged Trade Secret in its Own...

After a four day bench trial on August 10, 2021, a Houston federal judge ruled that the conceptual designs an oil and gas manufacturing company disclosed to its erstwhile collaborator under an NDA were not eligible for trade...more

The Fifth Circuit Limits Enjoinment Of The CMS Rule To Only The Plaintiff States

The Fifth Circuit U.S. Court of Appeals issued an order Wednesday, denying the U.S. Government’s attempt to stay an injunction issued by the Western District of Louisiana court, which entered a nationwide injunction against...more

2021 Trade Secrets Webinar Series: Takeaways & Recordings

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. This...more

Missouri Federal Court Enjoins CMS Vaccination Rule in Certain States

On November 29, 2021, a federal district court in Missouri issued a preliminary injunction blocking the implementation and enforcement of a rule promulgated by the Centers for Medicare and Medicaid Services (“CMS”) requiring...more

CMS Issues Emergency COVID-19 Vaccination Mandate for Millions of Health Care Workers Across the Country

In a long-anticipated action, the Centers for Medicare & Medicaid Services (“CMS”) issued earlier today (November 4, 2021) emergency regulations requiring all eligible staff who work at health care facilities that...more

50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as...more

Commercial Litigation Outlook - 2021

As the nation emerges from the pandemic, clients face the double-whammy of delayed resolution of existing disputes (thanks to court shutdowns) and increased litigation activity across the board. The third quarter of 2020 saw...more

Seventh Amendment to PREP Act Declaration Further Increases the Pool of Authorized COVID-19 Vaccinators

On March 12, 2021, the US Department of Health and Human Services (“HHS”) amended, its Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”) for the seventh time. The Seventh Amendment expands the...more

Texas Federal Jury Awards $152 Million in Trade Secret Misappropriation Case Interrupted by COVID-19

After a months-long delay due to an outbreak of COVID-19 during the first trial, a federal jury in Texas awarded a $152 million verdict—including $120 million in punitive damages—in a trade secret misappropriation case...more

Ninth Circuit Recognizes Continued Use Doctrine under the DTSA, but Confirms that Patent Publication Precludes Claim

Seyfarth Synopsis: In a case of first impression, the Ninth Circuit held that the continued use doctrine is available under the DTSA, and the court permitted a plaintiff to raise a DTSA claim for misappropriation of trade...more

Fifth Amendment to PREP Act Declaration Expands the Ranks of Health Care Providers Authorized to Administer COVID-19 Vaccines

On January 28, 2021, the U.S. Department of Health and Human Services (“HHS”) issued a Fifth Amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”), which expands the categories of...more

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