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The Dearth of Restrictive Covenant Case Law in Georgia

It was five years ago this week (May 11, 2011, to be precise) that Georgia's new restrictive covenant statute went into effect. Prior to the effective date of the statute, Georgia was (surprisingly for many out-of-state...more

The White House is Interested in Non-Compete Reform

President Obama is expected to sign the Defend Trade Secrets Act, which passed with overwhelming, bipartisan support in the House and Senate in recent weeks (and about which we will have a lot more to say in the coming days)....more

The NLRB takes another cut at non-disclosure agreements.

In recent years, the National Labor Relations Board has increased its scrutiny of various employer practices, including those of non-unionized employers. Among the areas of scrutiny have been non-disclosure of confidential...more

Jawbone v. Fitbit: a Discovery Fight over the Extent of Trade Secret Misappropriation

Jawbone and Fitbit are competitors in the business of selling fitness trackers. As competitors will sometimes do, Fitbit hired a number of employees from Jawbone in 2015. And as competitors sometimes do, Jawbone brought a...more

Arkansas Football and Non-Competes?

Three years ago, we addressed the question of why college football programs do not use non-compete restrictions to prevent coaches from moving to direct rivals. At the time, we mentioned the fact that Arkansas was a program...more

Pennsylvania Supreme Court Finds That UWOA Language Does Not Waive Right to Challenge Adequacy of Consideration for Restrictive...

On November 18, 2015, in a highly anticipated decision, the Pennsylvania Supreme Court held that employers could not use the language set forth in Pennsylvania’s Uniform Written Obligations Act (“UWOA”) to avoid providing...more

When Employees Solve Problems With Their Fists

Generally speaking, human resources professionals and business executives have become quite adept at dealing with employee claims for illegal harassment. For example, just about any HR manager can provide a definition of a...more

Blurring The Line Between Yours And Mine: Best Practices For Bring Your Own Device Policies

Let’s face it: bring-your-own-device (BYOD) situations are here to stay. With the ubiquity of employees having and using smartphones and tablets – devices that have more capacity and processing power than desktop computers...more

Healthcare Update, No. 3, August 2013: Protect Your Key Information – And Your Key Relationships

Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional...more

Labor Letter, July 2013: Social Media And Trade Secrets

Most employers are well aware of the various implications that the social media explosion has on the workplace. The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for...more

Labor Letter, May 2013: Workplace Bullying: Will You Know It When You See It?

The media and political figures have paid increased attention to workplace bullying in recent months and years. A simple Google search can confirm this reality. Moreover, legislators in 21 states have introduced bills to...more

5/7/2013  /  Workplace Bullying
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