Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Podcast Episode 17)
Navigating the Nuances of the COBRA Subsidy Under the American Rescue Plan Act
Noncompete Agreements - Traps for the Unwary: Part 2
Noncompete Agreements - Traps for the Unwary: Part 1
Part 2: Practical Considerations in Managing the Risk of Employing Former Government Employees
Part 1: Practical Considerations in Managing the Risk of Employing Former Government Employees
COBRA Deadlines and Proofs of Mailing in Carter v. Southwest Airlines Co. Board of Trustees
JONES DAY PRESENTS®: Helping Clients with Trade Secret Protection
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued
Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade Secrets and the Practical Relationship Between the Two
Potential Employer Liability for Late Manifesting Occupational Diseases
Protecting Trade Secrets When Employees Depart
In recent years, state courts have questioned whether independent contractors can be placed under enforceable post-engagement noncompetition agreements. ...more
In a June decision, the Supreme Court limited retirees' ability to bring Americans with Disabilities Act (ADA) lawsuits, finding that the ADA generally does not allow claims by retirees or protect post-employment health...more
Retirees experiencing changes in post-employment benefits due to disability may not be able claim disability discrimination, following a recent fractured U.S. Supreme Court decision....more
Last week in a 7-2 decision, the U.S. Supreme Court held that Title I of the Americans with Disabilities Act does not apply to claims by a former employee that changes to her retiree medical benefits discriminated against her...more
In Stanley v. City of Sanford (June 20, 2025), the United States Supreme Court considered whether the Americans with Disabilities Act (ADA) protects former employees against disability discrimination with respect to...more
The US Supreme Court just significantly restricted who can succeed on post-employment disability discrimination claims under the Americans with Disabilities Act (ADA) and when they may do so – but made it clear that employers...more
Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more
In two separate decisions in April 2025, the Hong Kong High Court first refused, but then allowed, an IT company’s application for an interlocutory injunction to enforce post-termination restrictive covenants against its...more
On May 19, 2025, Proskauer attorneys successfully compelled to arbitration an employment discrimination lawsuit that had been filed in the Los Angeles Superior Court. While the former employee claimed that she never signed...more
In a significant development for California employers, the Court of Appeal in Williams v. Alacrity Solutions Group, LLC recently affirmed the dismissal of a Private Attorneys General Act (“PAGA”) claim brought solely on...more
When a commissioned salesperson leaves employment, the most common dispute we encounter involves that employee’s entitlement to payment of commissions after their departure date. ...more
The Tenth Circuit’s recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and...more
A federal court in Virginia recently granted McDonald’s USA, LLC’s motion to dismiss a former franchise employee’s Title VII and Virginia Human Rights Act claims. Edmonds v. McDonald’s USA, LLC, 2025 WL 1066193 (W.D. Va. Apr....more
A Massachusetts jury found that a Boston hospital retaliated against a former employee – but a court ruling just capped the plaintiff’s attorney fee recovery at less than half of what she sought. Why? Because the employer...more
In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The...more
Current and former employees have the right to inspect their personnel files upon request within a timeframe set by statute. When an employment-related claim arises, these individuals typically request a copy of their...more
In Lubin v. Starbucks Corp., the Eleventh Circuit Court of Appeals considered defendant Starbucks’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ lawsuit alleging that Starbucks sent deficient...more
When considering whether to place employees under post-employment restrictive covenants, employers often consider including customer non-solicitation provisions in addition to or as an alternative to the traditional...more
The Supreme Court has ruled that a disabled employee should have been considered for redeployment to another vacant position outside their place of work....more
The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether...more
Confidentiality is a key consideration in any commercial endeavour. To retain a competitive edge in the market, a business will often do its utmost to maintain the confidentiality of client information and business...more
The Court of Appeal for Ontario found that settlement documents signed after an employee separated from employment prevented him from suing for the value of vested stock options....more
Proceedings in the Hong Kong Labour Tribunal are inquisitorial in nature, differing from the adversarial approach taken in court proceedings....more
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
City of Hallandale Beach v. Rosemond, 4D2022-2642, 2024 WL 2836937 (Fla. 4th DCA June 5, 2024) - A former city employee filed a lawsuit against the defendant pursuant to section 112.3187(4)(a)-(b), Florida Statutes, where he...more