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Employment Contract Breach of Contract

Quarles & Brady LLP

Supply Chain Survival Series: Remedies for Breach of Contract (Article #14)

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We have previously discussed the obligations a non-breaching party has to mitigate its own damages in the event of a contract breach. Assuming a party has mitigated its damages, this article discusses the potential remedies...more

Farrell Fritz, P.C.

Unpacking the (Un)Reasonableness of Non-Compete Provisions

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New York law generally does not favor non-compete agreements, viewing them as unreasonable restraint of trade. As a result, New York courts apply a rigorous standard when deciding whether to enforce these restrictive...more

Dorsey & Whitney LLP

Bridal Fashion Label and Designer Straighten Social Media Ruffles in Bankruptcy Deal

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The 2010s were a heyday for bridal fashion. TLC’s “Say Yes to the Dress” reality series captivated viewers watching brides navigate family opinions and emotions while shopping for “the dress” at Kleinfeld’s Bridal in New York...more

McDermott Will & Emery

Fifth Circuit Rejects Recruiter’s Trade Secret Misappropriation and Contract Defenses

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The US Court of Appeals for the Fifth Circuit affirmed a district court’s decision finding trade secret misappropriation and breach of contract based on a recruiter’s improper use of confidential client information. Counsel...more

Lathrop GPM

After Bench Trial, Texas Federal Court Finds No Breach of Noncompete for Selling Competing Product

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A federal court in Texas has denied Penthol’s claim for breach of contract against Vertex Energy for the improper sale of competing products in violation of noncompete clause. Penthol, LLC v. Vertex Energy Operating, LLC,...more

Holland & Knight LLP

Viaje al Pasado Legal: Una Reclamación en Piedra

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En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés habla con Anna Catalina Pérez, abogada del área corporativa, sobre lo que se cree que es el reclamo comercial más antiguo, que se remonta...more

McGlinchey Stafford

Am I Entitled to a Bonus? - McGlinchey Commercial Law Bulletin - February 16, 2024

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Ohio- Enforceability of Arbitration Agreement- Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463. The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more

Parker Poe Adams & Bernstein LLP

North Carolina Court of Appeals Limits Grounds for Review of Noncompete Injunction Denial

When litigating employment non-competition covenants, issuance by the court of a preliminary injunction may be more important than the ultimate outcome of the litigation. Depending on the circumstances, the injunction can...more

Epstein Becker & Green

Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants

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As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more

Jones Day

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

Ius Laboris

Can employers monitor their employees’ social media posts?

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Increasingly, employers are being made aware of employee misconduct that is evidenced by photos, videos or other social media posts. What are employers allowed to do when it comes to their employees' posts, what are the...more

Fisher Phillips

Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

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The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern...more

Fisher Phillips

Former Employees Who Couldn’t Wait to Leave Their Florida Employer Before Illegally Competing Ordered to Pay Heavy Price

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A Florida Circuit Court judge sternly rebuked two former employees of a private South Florida provider of Autism treatment services who began competing illegally with a new employer – while still employed with their old...more

Epstein Becker & Green

From The Basketball Court To Federal Court: The New York Knicks Sue The Toronto Raptors For Theft Of Confidential Information

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The New York Knicks made headlines last week when they sued the Toronto Raptors for theft of confidential and proprietary information, including scouting reports, play frequency reports, and other confidential information...more

Mintz - Employment Viewpoints

Caveat Employer: A Word of Caution When Drafting Non-Disparagement Provisions

The D.C. Circuit Court of Appeals’ opinion in Wright v. Eugene & Agnes E. Meyer Foundation raises some concerns with otherwise limited non-disparagement provisions, which we discuss below.  The D.C. Circuit Court of...more

Wiley Rein LLP

Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss

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In a win for Wiley’s client, the United States Court of Appeals for the Ninth Circuit, applying California law, held that no coverage was available for an arbitration award awarding amounts owed under a CEO’s separation...more

Littler

Colorado Court of Appeals Decision Underscores How Employer’s Prior Breach of an Employment Agreement May Excuse an Employee from...

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In a recent decision, the Colorado Court of Appeals affirmed a lower court’s ruling that a former executive for a credit-card processing company did not breach his employment agreement when he poached company clients, because...more

Morris James LLP

Supreme Court Affirms Chancery’s Interpretation of Word “And” in Option Agreements

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Weinberg v. Waystar, Inc., No. 274, 2022 (Del. March 16, 2023) - The appellant was a former chief marketing officer of the appellee, a Delaware corporation. Soon after her termination, the appellant timely exercised her...more

Conn Kavanaugh

Backstage Pass: What Lawsuit Pleadings Tell Us About Life In A Rock And Roll Band

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In a lawsuit filed in California last year, Journey guitarist Neal Schon alleged that bandmate Jonathan Cain had denied him access to the group’s corporate credit card. Cain alleged in a cross-complaint that Schon’s prior...more

Hendershot Cowart P.C.

Changing Jobs with a Non-Compete: What Do You Say and When Do You Say It?

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Changing Jobs with a Non-Compete: What to Say and When? Changing jobs when you have a non-compete agreement in place can be tricky. Before making a move, plan your exit strategy – set a date, practice your resignation, and...more

Farrell Fritz, P.C.

A Reminder From The Commercial Division That Disloyalty Doesn’t Pay … Literally!

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It is no secret that employees are often the most likely people to misappropriate an employer’s confidential information or valuable trade secrets. In this particular situation, employers have many options at their disposal,...more

Foley & Lardner LLP

Protecting Trade Secrets In States That Disfavor Noncompetes

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Federal and state laws are becoming increasingly unfriendly to employers' efforts to impose post-employment restrictions on workers via nonsolicit and noncompete agreements. However, even in states that have historically...more

Cranfill Sumner LLP

Business Court Holds that Employees’ Continued Work for Reduced Salaries Waived Claims for Breach of Employment Contracts

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In Gallaher, et al. v. Ciszek, et al., 2022 NCBC 67, Chief Business Court Judge Louis A. Bledsoe, III, recently held that three neonatologists who continued to work after their employer unilaterally reduced their...more

Seyfarth Shaw LLP

Merely Receiving Confidential Information Isn’t Enough: Georgia Court Dismisses Tortious Interference with Contract Claim in Trade...

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It’s a fact pattern that repeatedly arises in trade secret cases: a company hires someone who has a confidentiality agreement with their former employer. Just before (or shortly after) being hired, the individual emails...more

Sheppard Mullin Richter & Hampton LLP

Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. One of the most important—yet often overlooked—issues in these cases can be summarized by the following...more

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