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Labor & Employment Intellectual Property

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

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

Japan Legal Update Volume 31 | November 2017

by Jones Day on

Labor & Employment - Japan's Ministry of Health, Labour and Welfare Requests Employer Associations to Prepare for the Conversion Rule - As April 1, 2018, will mark the fifth year since the "Rule on conversion of...more

Non-Compete and Trade Secret Law in Utah: What’s Changed, What Hasn’t Changed and How to Prepare for What’s Ahead

by Payne & Fears on

The general rule in the United States has historically permitted non-competition agreements when they are reasonable in time and geographic scope. California has been the leading exception. Business and Professions Code...more

November 2017: Seven Supreme Court Cases to Watch This Term

Justice Neil Gorsuch began his first full Term on the Supreme Court this October, with court-watchers eagerly anticipating which cases the Supreme Court will take and waiting to see how Justice Gorsuch will affect the...more

Tax Reform: Focus on the Sports Industry

by Proskauer - Tax Talks on

Over the last several days, there have been significant developments relating to the Tax Cuts and Jobs Act, the pending tax reform legislation in Congress. On Thursday, a detailed summary of the Senate Finance Committee’s...more

Beware Of Independent Contractor Agreements With “Work Made For Hire” Language

by Fox Rothschild LLP on

In recent years, California and federal agencies have highly scrutinized independent contractor status. While that scrutiny may be abating somewhat on the federal level, it is still alive and well in our golden state. In...more

USE IT OR LOSE IT! Enforce Your Arbitration Agreement Or Waive Your Right To Arbitrate Your Trade Secret Misappropriation Claims

Earlier this month, a federal court in the Middle District of Tennessee denied an employer’s motion to compel arbitration, finding that it waived its right to arbitration by engaging in litigation....more

Tenth Circuit Significantly Narrows Scope of Injunction Cases Where Irreparable Harm is Presumed

by Littler on

On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more

More Bumps in the Road for Uber along the Trade Secret Highway

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a California district court decision denying a trade secret defendant’s motion to compel arbitration based on a prior employment agreement between the plaintiff and an...more

Custom Software Development: Practical Strategies to Get What You Pay For

by Carlton Fields on

A company’s custom software is an increasingly important part of growing profitability, shrinking expenses, and reaching new markets. It is critical to corporate success or failure. Software deals and licensing models are...more

[Webinar] Best Practices for Employers When Dealing With Issues Relating to Employment Agreements with Restrictive...

by Conn Maciel Carey LLP on

Many companies frequently use non-compete and non-solicit clauses in their employment agreements. However, there are several important legal issues to consider before drafting and executing these agreements. When an employee...more

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