Peloton has come out on top of the litigation leaderboard yet again. As we previously blogged about here, Peloton is no stranger to trade secret litigation. Peloton recently won dismissal of a “mirror image” declaratory...more
As we have previously blogged about, in 2016 the Nevada Supreme Court refused to adopt the “blue pencil” doctrine and held that Nevada courts could not modify over-broad restrictive covenants. The following year, we alerted...more
We previously reported that on April 20, 2020, the Commonwealth of Massachusetts enacted emergency legislation imposing moratoriums on certain evictions and foreclosures of primarily residential properties and some commercial...more
We previously reported that on April 20, 2020, the Commonwealth of Massachusetts enacted emergency legislation imposing moratoriums on certain evictions and foreclosures of primarily residential properties and some commercial...more
The Massachusetts Superior Court recently held in Now Business Intelligence, Inc. v. Donahue that a temporary reassignment during a business slowdown, consisting of the addition of certain non-billable duties, does not...more
Late last spring we reported on the second published decision out of the District of Massachusetts citing the Massachusetts Noncompetition Agreement Act (“MNCA”), NuVasive, Inc. v. Day....more
More than a month after Governor Charlie Baker declared a state of emergency arising from the novel coronavirus in the Commonwealth of Massachusetts on March 10, 2020, the “COVID-19 Emergency Declaration,” the state...more
4/21/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
Eviction ,
Forbearance Agreements ,
Foreclosure ,
Governor Baker ,
Lenders ,
Moratorium ,
Mortgage Servicers ,
Policy Updates ,
Public Health Emergency ,
Relief Measures ,
State of Emergency ,
Tenants
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was signed into law. Among other things, the CARES Act allows residential mortgage borrowers with federally-backed loans to obtain a...more
On Friday, March 27, 2020, Massachusetts Attorney General Maura Healey promulgated an unprecedented regulation severely restricting and limiting the collection of debts from Massachusetts consumers during the COVID-19 state...more
3/31/2020
In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...more
3/9/2020
/ Competition ,
Confidential Information ,
Confidentiality Agreements ,
Intellectual Property Protection ,
Inventions ,
Metadata ,
Misappropriation ,
Non-Disclosure Agreement ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proprietary Information ,
Software ,
Trade Secrets
For the first time in 15 years, the Supreme Judicial Court (“SJC”), Massachusetts’ highest court, issued a decision analyzing the enforceability of non-solicitation covenants, the distinction between such covenants in the...more
2/5/2020
/ Business Disputes ,
Competition ,
Confidential Information ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Employment Contract ,
Equitable Tolling ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Legitimate Business Interest ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Shareholders ,
Tolling Agreement ,
Trade Secrets ,
Written Agreements
On December 16, 2019, the United States Supreme Court declined to review Krakauer v. Dish Network LLC, thus leaving unresolved a circuit split regarding Article III standing under the Telephone Consumer Protection Act...more
Manhattan restaurant Sottolio, Inc., d/b/a Norma Gastronomia Siciliana hired Giuseppe Manco—“a noted Italian pizza chef, or pizzaiolo”—to consult on its menu. At the same time, Manco and his wife purchased a 9% interest in...more
12/11/2019
/ Breach of Contract ,
Confidential Information ,
Contract Terms ,
Economic Impact Analysis ,
Intellectual Property Protection ,
Legitimate Business Interest ,
Motion to Dismiss ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Proprietary Information ,
Recipes ,
Restaurant Industry ,
Restrictive Covenants
Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.) have introduced legislation entitled the Workforce Mobility Act (“WMA”). The WMA, like its prior incarnation from last year, seeks to ban non-compete agreements outside...more
10/31/2019
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Legislative Agendas ,
Low-Wage Workers ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
Rulemaking Process ,
Threshold Requirements
On June 28, 2019, Governor Mills signed LD 733, An Act To Promote Keeping Workers in Maine, into law. The Act places limits on non-compete agreements and bans restrictive employment agreements....more
8/7/2019
/ Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
Trademarks
On July 11, 2019, Governor Sununu signed S.B. 197 into law. S.B. 197 prohibits an employer from requiring an employee who makes 200% of the federal minimum wage ($14.50) to sign a non-compete agreement restricting the...more
7/17/2019
/ Confidential Information ,
Contract Terms ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Pre-Employment Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
Trade Secrets ,
Wage and Hour
While it is well-settled law that an attorney cannot be bound by an agreement restricting the right to practice law, that does not insulate attorneys from all restrictive covenants. As we have previously discussed, there are...more
As we’ve previously written about on this blog, last summer the Massachusetts legislature passed a non-compete reform bill which went into effect on October 1, 2018. Readers of this blog will recall our concerns that the new...more
As readers of this blog know, most trade secret misappropriation claims are brought in civil complaints—but a recent case out of Pennsylvania reveals how quickly the tables can turn on a civil plaintiff asserting claims...more
4/25/2019
/ ADEA ,
Class Action ,
Confidential Information ,
Confidentiality Agreements ,
Criminal Prosecution ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Trade Secrets
Last week, the Ninth Circuit finally ruled that a former Anheuser-Busch employee cannot avoid claims filed by the brewer alleging misappropriation of trade secrets and breach of a nondisclosure agreement, the latest in a long...more
4/2/2019
/ Anheuser-Busch ,
Anti-SLAPP ,
Breach of Contract ,
Class Action ,
Former Employee ,
Free Speech ,
Misappropriation ,
Motion To Strike ,
Non-Disclosure Agreement ,
Proprietary Information ,
Remand ,
Reversal ,
Trade Secrets
Seyfarth Synopsis: In a 9-0 Supreme Court ruling last week, the Court spoke to issues concerning the Fair Debt Collection Practices Act (FDCPA) and non-judicial foreclosures....more
As we’ve previously written about on this blog, last summer the Massachusetts legislature passed a non-compete reform bill which went into effect on October 1, 2018. ...more
3/1/2019
/ Choice-of-Law ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employment Contract ,
Intellectual Property Protection ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
Trade Secrets
In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer’s purported violation of the Real Estate...more
The Vermont Legislature kicked off 2019 with bill H.1, seeking to ban non-competes in the Green Mountain State. The new bill has been filed by Martin LaLonde, who promulgated an identical bill last January. ...more
Many companies assume that they need to choose between patent protections or trade secret protections for their intellectual property, thereby foregoing an important tool in their arsenal to protect key company assets....more