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Labor & Employment Intellectual Property

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.


I’m counting down the minutes to leaving my office later today to begin my favorite weekend of the year – the first weekend of the NCAA Tournament! Even though my bubble was bursted on Selection Sunday – my team didn’t make...more

Employee Non-Solicitation And No-Hire Covenants? What’s The Scoop, California?

The law in California is well settled that, with few exceptions, non-compete agreements are unenforceable. Less clear is whether and to what extent employee non-solicitation and no-hire agreements can withstand a court’s...more

Texas Litigation Since the Plunge in Oil Prices

by Winstead PC on

Texas attorneys have discussed a rise in litigation since the decline in oil prices that begun in 2014. However, many of the discussions have centered on anecdotal references to increases in certain types of litigation...more

Don’t Count on Employment Agreement Promise of Assignment for Standing

by McDermott Will & Emery on

Addressing whether a patent owner with incomplete ownership interest had standing to sue, the US Court of Appeals for the Federal Circuit upheld a district court’s decision, finding that the plaintiff did not have full...more

Keeping Pace in the Fast-Moving World of Trade Secrets and Employee Mobility

by Epstein Becker & Green on

In managing workforces, particularly when addressing employee turnover, employers often find themselves facing issues regarding how best to safeguard their confidential business information and how to protect their...more

Pleading a Claim for Misappropriation of Trade Secrets in California: A Problem of Particularity

by Foley & Lardner LLP on

Recent decisions in California raised the question of whether a party asserting a claim for misappropriation of trade secrets must, in its pleadings, define the trade secrets at issue with particularity. The cases variously...more

Uber Learns Trade Secret Law the Hard Way in Settlement with Waymo over Self-Driving Car Technology

In the middle of trial with Google’s self-driving car company, Waymo, Uber settled the trade secret litigation brought by Google. Uber will turn over 0.34% of its equity, which has been estimated at $245 million dollars in...more

Can Silicon Valley Keep a (Trade) Secret?

by Fisher Phillips on

The simplest, most valuable, yet commonly overlooked piece of advice any trade secret owner can receive is this: Protect yours trade secrets! It seems crazy that this simple advice warrants repeating, but apparently, it does,...more

$500,000 Given to Jam Manufacturer in Trade Secret Recipe Violation - Using Trade Secrets in the Accelerating World of...

by Vedder Price on

The Accelerating Rate of Commerce - Classical intellectual property protection, such as trademarks, copyrights and patents often require the filing of costly applications with government offices, long delays of review and...more

Gaming & Hospitality Legal News: Volume 11, Number 2 - The More Things Change, The More They … Change: Recent Developments In...

by Dickinson Wright on

Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and...more

Uber and Waymo Settle Trade Secret Dispute

by Tucker Arensberg, P.C. on

On February 9, 2018, Uber and Waymo agreed to settle their closely watched trade secret dispute related to self-driving car technology. As part of the settlement, Uber has agreed not to use any Waymo confidential information...more

Selling Your Winery? 7 Issues to Consider Before Putting Your Winery on the Market

Having decided to sell your winery, you have hired a broker or adviser to help you market the property, circulated marketing materials to prospective buyers, and invited those buyers to submit an expression of interest....more

Loving the Competition

by Sherman & Howard L.L.C. on

In a recent case, with some rather salacious details, the Third Circuit had the opportunity to examine employee liability under the Computer Fraud and Abuse Act (CFAA). Teva received a tip from a competitor’s former employee...more

Employment Law This Week®: Criminal Prosecution of Anti-Poaching Agreements, EEOC Publishes 2017 Data, Organizational Changes at...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

The Rise of Trade Secret Litigation in the Digital Age

U.S. courts have recognized trade secret protection for more than 200 years, and companies have long relied on trade secrets to guard iconic intellectual property, such as the ingredients for Coca-Cola and the Big Mac’s...more

DOJ to Announce Criminal Enforcement Actions for “No-Poach” Agreements

by Seyfarth Shaw LLP on

Seyfarth Synopsis:  Criminal prosecution of “no-poaching/no-hire” agreements appears imminent.  Employers should investigate their hiring and compensation practices to ensure compliance with recent antitrust pronouncements....more

If Your Employment Agreements Use This One Word, Ownership of Your Patents May Be in Jeopardy

by Carlton Fields on

What is the difference between an employment agreement that says “I hereby assign inventions I create during my employment to my employer,” and one that says “I will assign inventions I create during my employment to my...more

9 Top Trade Secrets You Need to Protect Now

by Revision Legal on

In practice, a trade secret can be pretty much anything. The federal Trade Secrets Act, 18 U.S. Code § 1839(3), defines a “trade secret” as...more

Advanced Video Technologies LLC v. HTC Corporation Et Al.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

Court Denied Preliminary Injunction To Breach-Of-Fiduciary-Duty Plaintiff Due To Delay In Seeking Relief

by Winstead PC on

In Embarcadero Techs., Inc. v. Redgate Software, Inc., a former employer sued four former employees and their new employer for a number of claims, including breach of fiduciary duty and aiding and abetting breach of fiduciary...more

Trade Secret Suit May Continue Despite Arbitration Clause in Employment Agreement

The Federal Circuit affirmed a California court’s decision that Waymo and Uber were not required to arbitrate their trade secret dispute. An employment agreement between Waymo and one of its former employees who left to join...more

Field Law Post-Secondary Summit Recap

by Field Law on

Field Law held its second Post-Secondary Summit on November 30, 2017 in Calgary. Brief summaries of the presentations given at the Summit are provided below...more

U.S. Legislation Requires Enhancements to Modern Slavery Compliance Procedures to Address North Korean Labor Risks

by Ropes & Gray LLP on

On August 2, 2017, the Countering America's Adversaries Through Sanctions Act was signed into law in the United States. The CAATSA restricts entry into the United States of goods made with North Korean labor, wherever...more

The Legal Pitfalls Inherent in Using “Works Made for Hire” in California

by LeClairRyan on

Labor and employment issues are frequently triggered in the entertainment space, particularly in California. Some of these issues are well-known by practitioners in both areas of practice, while others can be a bit more...more

After Schiano: Lessons For Athletic Directors from Tennessee’s Coaching Search

The vetting and hiring of a new coach is one of the most critical responsibilities athletic directors face. Athletic directors work to identify coaching candidates that will give the university’s teams an opportunity to win...more

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