News & Analysis as of

Former Employee Confidential Information

Fox Rothschild LLP

Denied! Judge Davis rejects a “half-hearted” approach to obtaining a preliminary injunction

Fox Rothschild LLP on

To secure a preliminary injunction, a party must present evidence of two things, and fast: (1) likelihood of success on the merits; and (2) irreparable harm. In this recent Order of Significance (denying a preliminary...more

Mayer Brown

Employer's Claim to Enforce Non-Compete and Non-Solicitation Obligations Dismissed by Hong Kong Court

Mayer Brown on

In the recent case of Moxie Communications Limited v. Lai Cheuk Lok [2024] HKDC 1323, an employer (the "Company") sought to enforce two post-termination restrictive covenants ("PTRs") against a former employee (the...more

Epstein Becker & Green

Georgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits

Last summer, as discussed in this blog, the Georgia Court of Appeals issued a decision in N. Amer. Senior Benefits, LLC v. Wimmer that presented potential challenges for employers seeking to enforce employee non-solicitation...more

Mayer Brown

Germany: Restrictive Covenants

Mayer Brown on

AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more

Parker Poe Adams & Bernstein LLP

North Carolina Trade Secret Protections Laws Do Not Apply to Out-of-State Conduct

Like most states, North Carolina law protects employers from misappropriation of confidential and proprietary trade secrets. Last month, the North Carolina Business Court (a division of the Superior Court that handles complex...more

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

Fish & Richardson on

On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

Baker Donelson

The End of Non-Competition Agreements? Not so Fast!

Baker Donelson on

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

TransPerfect Legal

Three Strategies to Prevent Departing Employees from Absconding with Trade Secrets and Other Confidential Business Information

TransPerfect Legal on

One of the biggest threats to modern corporations involves departing employees who take confidential business information (CBI) and/or trade secrets with them prior to or upon their departure. Indeed, the misappropriation of...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

ArentFox Schiff on

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Can You Get a Court to Stop Someone from Sharing Customer/Client Lists?

Can you get a court to stop someone from sharing customer/client lists in Arkansas? As explained in this blog post, it depends. But often the question is debatable and hiring an attorney experienced in unfair competition...more

Saul Ewing LLP

Maryland Appellate Decision Offers Guidance for Trade Secret Disputes

Saul Ewing LLP on

Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. v....more

Epstein Becker & Green

Free to Forfeit: Delaware High Court Holds Employee Choice Is Proper Lens for Evaluating Forfeiture-for-Competition Provisions in...

In a bombshell ruling last year that upended longstanding Delaware law, the Delaware Chancery Court ruled in Ainslie v. Cantor Fitzgerald, L.P., 2023 WL 106924 (Del. Ch. Jan. 4, 2023), that forfeiture-for-competition clauses,...more

Stark & Stark

Employee’s Duty of Loyalty to Employer

Stark & Stark on

While everyone is undoubtedly aware that an employee is not lawfully permitted to steal from his/her employer, the next logical question concerns what specifically are an employee’s legal obligations during their course of...more

Association of Certified E-Discovery...

Both Sides of the Coin: Employment Separation from Two Perspectives

Employee separation commonly involves investigations, litigation, and eDiscovery. Many employees continue to access information from their employers after separation and almost ¾ of employers report that they’ve been...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Whistleblowers and Trade Secrets: Does the DTSA Protect Confidential Data?

Employers often go to great lengths to protect company documents and communications concerning and discussing confidential trade secret information. But what happens when employees leave, bring a whistleblower claim, and the...more

EDRM - Electronic Discovery Reference Model

3 Strategies for BYOD Risk Mitigation with Departing Employees

Companies continue to adopt Bring Your Own Device (BYOD) policies to save money and relieve employees of the “two-phone burden.” However, such policies come with clear risks. Companies must remain particularly concerned when...more

Cooley LLP

What Employers Should Know About Protecting Confidential Information in England

Cooley LLP on

Confidential information is one of a business’ most prized and valuable assets. However, it is rarely something that can be locked in a safe, because employees often require access to it for the purposes of carrying out their...more

Fisher Phillips

3 Major Points to Consider When Deciding Whether to Sue Over Restrictive Covenants and Trade Secret Violations

Fisher Phillips on

Restrictive covenant and trade secret litigation is on the rise, and it typically involves an extremely public dispute that can require you to expend significant resources without any certainty of a favorable outcome....more

Fisher Phillips

3 Reminders for Employers Mitigating the Risk of Trade Secret Misappropriation in the Face of Mounting Layoffs

Fisher Phillips on

While economists continue to debate the prospects for a recession, layoffs are impacting employees across the U.S., and not just in the technology sector. Given the greater potential for trade secret misappropriation in the...more

McGuireWoods LLP

Finding Irreparable Harm: 5th Circuit Vacates Refusal to Enter Preliminary Injunction

McGuireWoods LLP on

Injunctions are a powerful deterrent against those who seek to misappropriate valuable trade secrets. And without preliminary injunctions — which typically last until the conclusion of a trial — trade secret owners can face...more

Venable LLP

Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct...

Venable LLP on

The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more

Seyfarth Shaw LLP

Fifth Circuit Spares Trade Secrets Suit, But Clarifies That Specific Evidence of Irreparable Harm Must Support Request for...

Seyfarth Shaw LLP on

In Direct Biologics L.L.C. v. McQueen, et al., the U.S. Court of Appeals for the Fifth Circuit vacated a lower court’s dismissal of a trade secret and restrictive covenants suit, but nonetheless stressed the need for movants...more

Bradley Arant Boult Cummings LLP

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

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

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