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Confidential Information › Intellectual Property Protection › Employment Litigation

Miller Nash LLP

The Particularities of Trade Secret Identification

Miller Nash LLP on

It is not uncommon for employers to discover that a departing employee has downloaded information before walking out the door. But the mere fact that an employee downloaded information does not necessarily mean the...more

Constangy, Brooks, Smith & Prophete, LLP

Employee pirates can plunder a business. Arrrgh ye ready?

Constangy, Brooks, Smith & Prophete, LLP on

Piracy is defined as robbery by ship- or boat-borne attackers upon another ship or a coastal area, with a goal of stealing cargo or other valuables. During the Golden Age of Piracy, from the 1680s to the 1720s, infamous...more

Miles Mediation & Arbitration

The Current State of Non-Competes: How the Recent FTC Rule Affects Missouri Employment Attorneys

Miles Mediation & Arbitration on

On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule that attempts to eliminate almost all post-employment non-compete covenants. The validity of the rule is currently being litigated and the results...more

Mayer Brown

When Confidential Information Cannot Be Protected Post-Termination of Employment in Hong Kong

Mayer Brown on

Not all "confidential information" can be protected post-termination of employment, as illustrated by the case of Conpak Management Consultants Limited v. Luk Wai Ting....more

Parker Poe Adams & Bernstein LLP

Confidential Information Agreement Adds Layer of Protection From Misuse of Proprietary Business Data

Parker Poe Adams & Bernstein LLP on

As a result of the recent string of legislative and regulatory efforts to curb or eliminate the use of non-competition agreements in employment, employers may have lost sight of relatively non-controversial measures they can...more

Bradley Arant Boult Cummings LLP

Collision at the Intersection of Construction and Intellectual Property Law: Are You Protecting Your Firm's Trade Secrets?

Bradley Arant Boult Cummings LLP on

The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the...more

Epstein Becker & Green

New California Law Further Restricts Confidentiality Provisions in Employment, Settlement, and Separation Agreements

Epstein Becker & Green on

California Governor Gavin Newsom recently signed into law the “Silenced No More Act” (SB 331 or the “Act”), which expands limitations on confidentiality provisions in settlement agreements for filed claims, previously...more

Epstein Becker & Green

Employers with Illinois Employees: Revise Form Noncompete and Nonsolicitation Provisions Before January 1, 2022

Epstein Becker & Green on

Governor J.B. Pritzker recently signed into law Public Act 102-0358 (“Act”), which dramatically reforms the law in Illinois governing both noncompete and nonsolicit provisions. The Act is not retroactive, and goes into effect...more

FordHarrison

Non-Compete News: No-Hire Provisions Under the Georgia Restrictive Covenants Act

FordHarrison on

Executive Summary: The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50, et seq.) (“RCA”) governs restrictive covenant agreements in Georgia entered into after May 2011. The RCA expressly addresses non-compete,...more

Franczek P.C.

A Not So Sweet Deal for Employers Seeking to Protect Trade Secrets Under the Inevitable Disclosure Doctrine

Franczek P.C. on

An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act....more

Verrill

2019 Wrap Up: States Continue to Limit the Enforceability of Employee Non-Competition Agreements

Verrill on

Most employers use contracts to protect their customer relationships and proprietary information from unfair competition by employees. They must. If they do not, they may lose their ownership rights in such business...more

Seyfarth Shaw LLP

Nursing Assistant’s “Self-Help” Attempt to Bolster Her Discrimination and Wage Claims Backfires in Spectacular Fashion

Seyfarth Shaw LLP on

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

Orrick - Trade Secrets Group

Third Circuit: Spying on Former Employee’s Social Media Account Does Not Constitute “Unclean Hands” to Bar Trade Secret...

Orrick - Trade Secrets Group on

Consider this: a former employee has just left his or her employer and may have taken trade secrets to a competitor. ...more

Orrick - Trade Secrets Group

Another California Court Raises Doubts on Employee Non-Solicitation Provisions

Orrick - Trade Secrets Group on

Last November, we discussed the potential impact of a recent California appellate court decision, AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., 28 Cal. App. 5th 923 (2018), which called into question long-standing...more

Seyfarth Shaw LLP

The Third Circuit Addresses the Defend Trade Secrets Act and Appears to Have Applied the Inevitable Disclosure Doctrine

Seyfarth Shaw LLP on

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

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