Following in the footsteps of its neighbors Maine, Massachusetts, and New Hampshire, Rhode Island recently enacted legislation that restricts the use of non-competition agreements with certain types of employees. The Rhode...more
11/6/2019
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
Washington state has joined the ranks of an ever-growing number of states that impose significant restrictions on employee non-compete agreements....more
5/15/2019
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Independent Contractors ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
As readers of this blog well know, there is a growing trend of state legislatures seeking to limit or outright ban non-competes....more
3/18/2019
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Legislative Agendas ,
Non-Compete Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
After being slapped with a post-trial judgment last April totaling $2.2 million for misappropriation of confidential and proprietary information, two Wyoming bank executives were named in an unprecedented “Notice of Intent to...more
3/14/2019
/ Banks ,
Breach of Duty ,
Confidential Information ,
Criminal Conspiracy ,
Federal Reserve ,
Fiduciary Duty ,
FSB ,
Misappropriation ,
Orders of Prohibition ,
Post-Trial Order ,
Proprietary Information ,
Trade Secrets
The Massachusetts legislature is back at it again. Under new leadership, the Joint Committee on Labor & Workforce Development recently scheduled a hearing for October 31, 2017 on the non-compete reform bills proposed in...more
The Defend Trade Secrets Act (DTSA) states very clearly that an injunction issued pursuant thereto may not “prevent a person from entering into an employment relationship,” and that any conditions placed on a former...more
7/12/2017
/ Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Employment Litigation ,
Inevitable Disclosure Doctrine ,
Injunctions ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Trade Secrets ,
TRO
In a recent formal Ethics Opinion, the American Bar Association stressed that lawyers must make reasonable efforts to prevent inadvertent or unauthorized access to confidential information relating to the representation of...more
5/23/2017
/ American Bar Association (ABA) ,
Confidential Information ,
Confidentiality Policies ,
Cybersecurity ,
Data Security ,
Electronic Communications ,
Email ,
Encryption ,
Law Practice Management ,
Popular ,
Young Lawyers
This past Spring, we reported on the recently enacted Defend Trade Secrets Act (“DTSA”), which provides a new federal civil cause of action to trade secret owners seeking to pursue claims of trade secret misappropriation. ...more
12/21/2016
/ Affirmative Defenses ,
Confidential Information ,
Conversion ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Evidence ,
Immunity ,
Misappropriation ,
Motion to Compel ,
Motion to Dismiss ,
Preliminary Injunctions ,
Trade Secrets ,
Whistleblowers
On March 25, 2016, a Massachusetts Superior Court judge struck down skin care salon Elizabeth Grady Face First, Inc.’s (“Elizabeth Grady” or the “Company”) attempt to make its non-compete agreement seem prettier than it...more