News & Analysis as of

Competition Breach of Duty

Winstead PC

Federal Court Denies Summary Judgment On Breach Of Fiduciary Duty Claim Against Former Employee

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In Eho360 LLC v. Opalich, an employer sued its former employee for breaching fiduciary duties and other related claims regarding the former employee setting up a competing business. No. 3:21-CV-0724-B, 2023 U.S. Dist. LEXIS...more

Venable LLP

Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct...

Venable LLP on

The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more

A&O Shearman

English Court of Appeal Clarifies Threshold for Raising ‘Off-Setting’ Defences in Competition and Other Breach of Duty Claims

A&O Shearman on

The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis concerned an appeal against a successful application to strike out an off-setting defence to a competition damages claim. It is an important...more

Manatt, Phelps & Phillips, LLP

Third Circuit Reverses Injunction in Trade Secret Misappropriation Suit

The U.S. Circuit Court of Appeals for the Third Circuit took on the misappropriation of trade secrets recently, reversing a district court’s grant of a preliminary injunction halting competition by a company’s rival and two...more

Littler

Ontario, Canada Court Reminds Employers that Improperly Drafted Restrictive Covenants are Unenforceable

Littler on

In Labrador Recycling Inc. v. Folino, 2021 ONSC 2195 (Labrador Recycling), Ontario’s Superior Court denied an employer’s motion for an urgent injunction to restrain its former employee from competing with it contrary to the...more

Seyfarth Shaw LLP

A Herculean Task: Proving a Competitor’s Knowledge and Participation in an Unfair Competition Case

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Seyfarth Synopsis: A recent case out of the Court of Appeals in Houston, Texas highlights the challenges in proving liability against a third-party competitor for knowing participation in breach of duty of loyalty/fiduciary...more

Nutter McClennen & Fish LLP

America’s Test Kitchen Faces Abuse of Process Claim

America’s Test Kitchen (ATK) commenced suit against Christopher Kimball, who used to work for ATK. The lawsuit arises from Kimball’s development of a competing business. ATK also sued William Thorndike, Jr. According to ATK,...more

Dorsey & Whitney LLP

Question #272: Competing in California

Dorsey & Whitney LLP on

Question: One of our company’s employees recently left to start a competing business. We think he started this process while he was still employed by us, and that he is probably using information he learned from us. ...more

Winstead PC

Court Holds That An Officer Can Negotiate New Employment Without Breaching Fiduciary Duties

Winstead PC on

In Great American Food Chain, Inc. v. Andreottola, a corporate officer and director negotiated and accepted employment with a competitor while still employed with his prior employer. No. 3:14-CV-1727-BK, 2016 U.S. Dist. LEXIS...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - January 2016

Despite Finding Policy Application Misrepresentation, Jury Rules Against Policy Rescission - Why it matters: A federal jury concluded that Starr Surplus Lines Insurance Company did not have a valid basis to rescind the...more

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