Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more
A Massachusetts waffle manufacturer, The Burgundian, recently filed a lawsuit alleging that a potential co-venturer, Eastern Standard Provisions, submitted its Liege waffles for inclusion on Oprah Winfrey’s annual “Favorite...more
As we previously covered, a group of 18 state attorneys general in July filed comments with the Federal Trade Commission (“FTC”), asking the FTC to incorporate labor concerns when reviewing corporate mergers and to use its...more
12/16/2019
/ Antitrust Provisions ,
Competition ,
Confidential Information ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Regulatory Oversight ,
Restrictive Covenants ,
Sherman Act ,
Trade Secrets
Courts have long lamented that “computing damages in a trade secret case is not cut and dry,” Am. Sales Corp. v. Adventure Travel, Inc., 862 F. Supp. 1476, 1479 (E.D. Va. 1994), meaning that “every [trade secret] case...more
10/17/2019
/ Antitrust Violations ,
Calculation of Damages ,
Confidential Information ,
Counterclaims ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Future Royalties ,
Misappropriation ,
Permanent Injunctions ,
Trade Secrets ,
Unjust Enrichment ,
UTSA
Caramel Crisp LLC, the owner of Garrett Popcorn Shops (“Garrett”), the renowned Chicago-based purveyor of deliciously flavored popcorn, recently filed suit in federal court in Chicago against its former director of research...more
A small, Chicago-based magnetic picture frame developer’s claims for trade secret misappropriation against a photo album manufacturer will be headed to trial after an Illinois federal district court largely denied the...more
A Massachusetts Federal Court recently enjoined the former Director of Research and Development and Quality Assurance of National Fish & Seafood, Inc. (“National Fish”) from working for a competing seafood supplier based in...more
9/21/2018
/ Employee Handbooks ,
Employees ,
Employment Litigation ,
Employment Policies ,
Fishing Industry ,
Intellectual Property Protection ,
Material Dissemination ,
Misappropriation ,
Proprietary Information ,
Terms and Conditions ,
Trade Secrets
In a classic example of bad facts creating bad law, a federal judge in Kentucky recently denied a motion to dismiss claims brought against attorneys who allegedly counseled employees to breach a non-compete agreement and...more
7/18/2018
/ Banking Sector ,
Breach of Contract ,
Breach of Duty ,
Fiduciary Duty ,
Legal Advice ,
Legal Representatives ,
Misappropriation ,
Motion to Dismiss ,
Non-Compete Agreements ,
Pre-Employment Agreements ,
Tortious Interference ,
Trade Secrets ,
Wells Fargo
For the third year in a row, the Washington state legislature failed to pass non-compete legislation, declining to take action on two separate bills that would have severely restricted employers’ ability to enforce former...more
Fresh off of signing the Defend Trade Secrets Act, the White House released a report yesterday entitled “Non-Compete Reform: A Policymaker’s Guide to State Policies,” which contains information on state policies related to...more