News & Analysis as of August 11, 2025

Unfair Competition

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Will Florida’s New Non-Compete Bill Attract Tech Companies to the Sunshine State? A Thought Experiment

Fisher Phillips on 7/8/2025

Florida just enacted a game-changer of a law that makes it the friendliest state in the country for enforcing non-competes – and could also revolutionize how tech companies view the Sunshine State as a place to set up...more

October’s Spookiest Restrictive Covenant Developments: An Employer’s 5-Ingredient Witches’ Brew to Ward Off Harm

Fisher Phillips on 11/1/2024

“Magic words,” “TRAPs,” and the federal non-compete ban rising from the dead? October had several spooky developments in restrictive covenant law, but no need to be frightened! We’ve got you covered with updates, insights,...more

Your Non-Compete and Trade Secrets To-Do List for August 2024

Fisher Phillips on 8/5/2024

Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more

[Webinar] Developments, Updates & Predictions on Trade Secret & Non-Compete Laws for 2021 - March 30th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on 3/10/2021

As enforcement of non-compete agreements and non-solicitation provisions have become more challenging in California, trade secret protection becomes more important to protect your company’s assets. In addition, due to the...more

When is hiring a competitor’s employee ‘racketeering’?

McAfee & Taft on 9/24/2020

When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more

Are Your Noncompete Agreements Dying of Old Age?

Akin Gump Strauss Hauer & Feld LLP on 7/16/2019

Key Points - • Tight labor markets are leading courts and legislatures to closely scrutinize noncompetes and other restrictive covenants. • If there are changes in an employee’s job and/or the company’s business, it...more

Tattoo artists’ war over customers sparks lawsuit

McAfee & Taft on 3/22/2019

Ever been frustrated by a former employee unfairly using your confidential business information and trying to take your customers? As it turns out, tattoo artists have trade secrets, too. Keith “Bang Bang” McCurdy is the...more

Don’t Let Technology Run Away With Your Customer Information

Payne & Fears on 7/11/2018

For many companies, customer information ranks among its most important assets. Yet these days, employees often keep this sensitive customer information in electronic locations that are not readily accessible to or controlled...more

Are You Doing Enough to Protect Your Company's Secrets?

Fisher Phillips on 10/19/2017

A decade ago, I litigated a trade secret/unfair competition dispute between two large plastics manufacturers. The Plaintiff was based in southwest Florida, the Defendant in southern Alabama. The factual dispute is...more

Attorney’s Fees Awarded in “Nonsensical” Trade Secrets Case - Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc.

McDermott Will & Emery on 6/8/2015

Upholding an award of more than $180,000 in attorneys’ fees under the California Uniform Trade Secret Act (CUTSA) for bringing a bad faith misappropriation claim, the California Court of Appeal found that “Cypress filed a...more

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