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
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
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
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
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
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
Democratic U.S. Senators Elizabeth Warren (D-MA), Chris Murphy (D-Conn.), and Ron Wyden (D-Ore.) introduced legislation on April 26, 2018, entitled the Workforce Mobility Act (“WMA”). ...more
Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more
3/8/2018
/ Aiding and Abetting ,
Attorney's Fees ,
Civil Conspiracy ,
Compensatory Damages ,
Confidential Information ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Disgorgement ,
Fraud ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Punitive Damages ,
Trade Secrets