Trevor Brown at Dorsey & Whitney LLP

Supreme Court in Van Buren Narrows Scope of the Computer Fraud and Abuse Act

On June 3, 2021, the U.S. Supreme Court resolved a long-standing question about how the Computer Fraud and Abuse Act (“CFAA”) applies to employees who access their employers’ computer systems for their personal benefit....more

6/17/2021 / Computer Fraud and Abuse Act (CFAA) , Criminal Convictions , Databases , Police , SCOTUS , Unauthorized Access , Van Buren v United States

Clarifying “Muddy Waters:” EPA and Army Corps Propose Revisions to the Scope of CWA Jurisdiction

On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, “the agencies”) released their proposal for the controversial and highly litigated definition of “waters of...more

12/13/2018 / Clean Water Act , Clean Water Rule , Comment Period , Environmental Protection Agency (EPA) , Jurisdiction , Obama Administration , Proposed Rules , Regulatory History , US Army Corps of Engineers , Waters of the United States

How Important are Irreparable Injury Provisions in Non-Compete Agreements?

Today’s workforce is more mobile than in past generations. Long gone are the days when an employee started and ended a career at the same company. ...more

7/5/2018 / Breach of Contract , Competition , Contract Terms , Employment Litigation , Former Employee , Injunctive Relief , Irreparable Harm , MN Supreme Court , Non-Compete Agreements , Restrictive Covenants

Words on the Page: How Important are Irreparable Injury Provisions in Non-Compete Agreements?

Employers who use non-compete agreements take note: Minnesota courts want to see more than just words in a contract before they will grant injunctive relief against a former employee. This week, the Supreme Court of...more

7/2/2018 / Contract Terms , Employer Liability Issues , Employment Litigation , Former Employee , Injunctive Relief , Irreparable Harm , MN Supreme Court , Non-Compete Agreements , Restrictive Covenants

Are We at a “Tipping” Point for Wrongful Discharge Claims in Minnesota?

A bartender is told by his employer, in violation of state law, that he must share tips with other employees. He refuses to comply and is fired. The state law in question says he can sue for being required to share tips, but...more

12/7/2017 / Appeals , At-Will Employment , Employer Liability Issues , Employment Policies , Hiring & Firing , MN Supreme Court , Reversal , Tip-Pooling , Tipped Employees

Seventh Circuit Rules that Company’s Distributor Is Not its Competitor

The sale of a business virtually always involves a promise by the seller not to engage in competition with the purchaser, within certain time and geographic parameters. Frequently, such agreements contain robust prohibitions...more

9/26/2017 / Acquisitions , Appeals , Breach of Contract , Contract Terms , Corporate Counsel , Non-Compete Agreements , Summary Judgment

It ain’t Over ’til it’s Over (and Even Then, it Might not Be Over): How long can the EEOC Continue Investigating – after Issuing a...

EEOC charges are a fact of life for employers. Even with comprehensive equal employment policies, top-notch human resources personnel, and a great workplace culture, many employers will at some point encounter a charge of...more

8/25/2017 / Appeals , Discrimination , Employer Liability Issues , Enforcement Actions , Equal Employment Opportunity Commission (EEOC) , Government Investigations , Hiring & Firing , Probable Cause , Retaliation , Right to Sue Letter , Split of Authority

Federal Appeals Court Takes a Stand, Holding that Title VII Prohibits Discrimination on the Basis of Sexual Orientation

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex. For decades, federal courts across the country have consistently held that “sex” does not include...more

4/6/2017 / Employer Liability Issues , Gender Discrimination , LGBTQ , Sexual Orientation Discrimination , Split of Authority , Title VII

EEOC Subpoenas are Subject to the Abuse of Discretion Standard of Review

On April 3, 2017, the U.S. Supreme Court issued its decision in McLane Co. v. EEOC, addressing how federal courts review subpoenas that the EEOC issues while investigating charges of employment discrimination. McLane involved...more

4/4/2017 / Abuse of Discretion , Corporate Counsel , De Novo Standard of Review , Equal Employment Opportunity Commission (EEOC) , Gender Discrimination , McLane Co. v EEOC , SCOTUS , Standard of Review , Subpoenas

Trevor Brown

Dorsey & Whitney LLP

Popular Topics by This Author

Latest Publications