Earlier this month, the US District Court for District of Maryland denied a partial motion for summary judgment in a case filed by Infotek Corporation against Mr. Dwight Preston, a former employee. See Infotek Corp v....more
In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we provided background on trade secret laws and...more
On July 12, 2022, the Council of the District of Columbia voted to amend the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). Implementation of the Act has been delayed on several...more
On June 15, Lina Khan was sworn in as Chairwoman of the Federal Trade Commission. In an interview with The Wall Street Journal last week, Khan announced that the agency plans to use enforcement actions to curtail the use of...more
Implementation of the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) has now been officially delayed until October 1, 2022. The Act had been scheduled to take effect on April 1,...more
Last week, the US Court of Appeals for the Eleventh Circuit affirmed a $2 million jury verdict against Boeing in a breach of contract suit by Alabama Aircraft Industries, Inc. (AAI), a former government contracting partner,...more
In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more
On March 1, 2022, SB 21-271 will take effect in Colorado, exposing employers to increased potential criminal penalties for violations of Colorado's anti-non-compete statute, Colorado Revised Statute § 8-2-113.
Section...more
While much ink has been spilled over the applicability and ramifications of the federal contractor vaccine mandate, a federal court in Georgia has halted enforcement (at least temporarily) by issuing a nationwide injunction...more
Shifting standards and deadlines place additional burdens on contractors seeking to remain in compliance.
What to Know -
On November 30, 2021, a federal judge granted an injunction barring the government from enforcing the...more
12/6/2021
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Enforcement ,
Executive Orders ,
Federal Contractors ,
General Services Administration (GSA) ,
Injunctions ,
NASA ,
OMB ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden signed Executive Order 14042, "Ensuring Adequate COVID Safety Protocols for Federal Contractors," that directed agencies to include a clause in new contracts, options, and extensions...more
10/14/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Food and Drug Administration (FDA) ,
New Guidance ,
OSHA ,
Subcontractors ,
Title VII ,
Vaccinations ,
Workplace Safety ,
World Health Organization
In December 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020.
As Arent Fox previously outlined, the Act would make the District of Columbia one of the few...more
With COVID-19 cases once again rising due to the spread of the more contagious Delta variant, the Centers for Disease Control (“CDC”) and the Biden Administration have issued new guidance and requirements on masking and...more
8/2/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Jurisdiction ,
Masks ,
New Guidance ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Vaccinations
On July 9, 2021, President Biden issued Executive Order 14036, “Promoting Competition in the American Economy.” The Executive Order included 72 actions and recommendations to federal agencies designed to review and revise...more
On April 29, 2021, the Supreme Court of Virginia reversed the dismissal of claims for negligent hiring or retention, vicarious liability, and negligent infliction of emotional distress where a complaint alleged that a retired...more
On April 27, 2021, President Biden issued Executive Order 14026 requiring contractors to pay a minimum wage of $15.00 per hour beginning January 30, 2022, on contracts entered into, contracts renewed or extended, and options...more
5/14/2021
/ Contract Disputes Act ,
Davis-Bacon Act ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Indian Self-Determination and Education Assistance Act (ISDEAA) ,
Joe Biden ,
Minimum Wage ,
Service Contract Act ,
State Procurement Contracts
On April 8, 2021, in a case of first impression, the Fourth Circuit enforced a provision of an arbitration agreement that required the parties to waive appellate review. The Court invalidated, however, language which waived...more
Employers should ensure they have appropriate policies in place for properly handling confidential medical records.
On March 19, 2021, New Jersey adopted guidance from the Equal Employment Opportunity Commission and...more
Employers should be mindful of this new leave law understanding that they may not take any adverse action, discriminate, or retaliate against an employee for requesting leave to receive the COVID-19 vaccine.
New York...more
Non-compete agreements have recently come under attack across the country, both at the state and federal levels. Massachusetts passed legislation in 2018 that imposed additional requirements on employers in order for their...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
3/8/2021
/ Anti-Raiding ,
Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
The Copyright Act ,
Trade Secrets
Although most trade secrets litigation takes place in federal or state courts, another forum for redress is the US International Trade Commission (the ITC). The ITC is renowned for the speed with which it moves its docket...more
In 2016, the US Department of Justice issued its Antitrust Guidance for Human Resources Professionals (Antitrust Guidance), in which it warned that criminal charges may result if corporations enter into “naked no-poach...more
On January 11, 2021, Mayor Muriel Bowser signed into law the Ban on Non-Compete Agreements Amendment Act of 2020, passed by the Council of the District of Columbia in December 2020.
Update: The law will now be published...more
On December 15, 2020, the Council of the District of Columbia passed a bill that, if enacted into law, would largely ban employers from requiring their D.C. employees to sign non-compete agreements.
If the bill is not...more