News & Analysis as of September 25, 2024

Non-Compete Agreements › Software

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Intellectual Property Report

Baker Botts L.L.P. on 9/4/2024

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more

Full Steam Ahead for Cartel Enforcement in 2024

Morrison & Foerster LLP on 4/4/2024

As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more

Employment Litigation Roundup: November 2023

Seward & Kissel LLP on 12/4/2023

Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more

Indefinite Covenants Within License Agreement May Not Be Enforceable

Womble Bond Dickinson on 8/14/2020

Where a software license agreement precluded the licensee from developing similar software for an undefined period of time, the license agreement inhibited “free trade” and was therefore unreasonable and unenforceable. Triage...more

Lessons From The Waymo v Uber Trade Secrets Trial

Fisher Phillips on 2/13/2018

Just hours after the Eagles clinched their upset Super Bowl win over the Patriots, a different battle royale began in a San Francisco courtroom between an established juggernaut and its upstart rival. For techies and trade...more

No Trade Secret in Visual Aspects of Software: The Need for Non-Compete Agreements

McCarter & English, LLP on 9/21/2015

A federal appeals court recently ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. Because trade secret...more

Things You Can’t Un-See … Such As Trade Secrets

McCarter & English, LLP on 6/9/2015

A federal appeals court has ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. This ruling reinforces the...more

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