News & Analysis as of

Former Employee Employment Contract Confidential Information

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

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

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

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

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

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

Miller Nash LLP

Taking Steps to Protect Confidential Information

Miller Nash LLP on

Many companies have confidential information that they want to protect from disclosure to third parties or use by competitors. Often, companies also have agreements with vendors or clients in which the company promises to...more

Fisher Phillips

5 Tips for Protecting Your Trade Secrets Without an Enforceable Noncompete Agreement

Fisher Phillips on

2022 hasn’t been the friendliest year for employers that seek to protect trade secrets with a noncompete agreement. Although many jurisdictions understand the importance of contractually protecting a company’s legitimate...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

Erise IP

A Trade Secret Storm Looms: Six Steps to Take Now

Erise IP on

A storm is brewing in the intellectual property world, and it’s heading straight for trade secrets. With millions of Americans quitting their jobs each month — 4.3 million in December alone — and pandemic-stunned...more

Fisher Phillips

What Every North Carolina Employer Needs to Know About Restrictive Workplace Covenants (Part 3)

Fisher Phillips on

This is the third Insight in a three-part series that discusses restrictive covenant agreements in North Carolina... This Insight will address considerations for enforcing restrictive covenant agreements on departing...more

Kohrman Jackson & Krantz LLP

Ohio Appeals Court Affirms Modification Of Doctor’s Non-compete Agreement

One of Ohio’s most influential appeals courts has affirmed the power of courts to modify non-compete agreements (here, a physician’s employment contract) to strike the right balance between employers’ interests in protecting...more

Procopio, Cory, Hargreaves & Savitch LLP

Trade Secrets Protection: Some Common Sense and an Ounce of Prevention Is Worth a Pound of Cure

Given the dire consequences a company can face once a valuable trade secret goes out the door, corporate executives need to understand what their trade secrets are as well as how to protect them. Under the law, a trade secret...more

Proskauer Rose LLP

Low Wage and Employee Classification Limits on Non-Compete Agreements

Proskauer Rose LLP on

Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more

Akerman LLP - HR Defense

Biden Order: Consider a Federal Rule on Non-Competes

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

Lowndes

Biden Administration Targets Non-Competes

Lowndes on

On July 7, 2021, White House Press Secretary Jen Psaki divulged President Biden intends to sign a new executive order in the coming days addressing competition in the labor market, in part by targeting non-compete clauses and...more

Dickinson Wright

Water Treatment Giant Puts Former Employee in Hot Water For Allegedly Stealing Trade Secrets

Dickinson Wright on

Water treatment giant Ecolab Inc. sued its former marketing manager, Preston Alexander, and his new company, One Degree Medical, alleging Alexander stole trade secrets to set up a competing business in violation of his...more

Sheppard Mullin Richter & Hampton LLP

California Court Strikes Down Overbroad Confidentiality Agreement as a de facto Non-Compete

Trade secrets and other proprietary information can be among a business’ most valuable assets and drive its competitive advantage. It is therefore ordinarily critical that employees be bound by an enforceable agreement that...more

Foley & Lardner LLP

Trade Secret Ruling Is a Head Scratcher

Foley & Lardner LLP on

An Illinois appellate court decision that recently overturned an employer’s effort to protect against the disclosure of its trade secrets by a departing employee gives guidance to employers about drafting and enforcing...more

Franczek P.C.

A Not So Sweet Deal for Employers Seeking to Protect Trade Secrets Under the Inevitable Disclosure Doctrine

Franczek P.C. on

An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act....more

ArentFox Schiff

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

ArentFox Schiff on

In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

Hogan Lovells

Key takeaways from the FTC's noncompete workshop

Hogan Lovells on

On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more

Lowndes

Here’s What You Need To Know About Protecting Trade Secrets

Lowndes on

What do you do when a key employee leaves and you believe he/she has taken your company’s trade secrets to a competitor? Or when a strategic business partner uses your trade secret information to compete against you?...more

Epstein Becker & Green

Enforcing Non-Solicitation Agreements Against Financial Professionals: A Court Finds Financial Professionals Have a Duty to Notify...

Epstein Becker & Green on

A recent decision in Edward D. Jones & Co., LP v. John Kerr (S.D.In. 19-cv-03810 Nov. 14, 2019), illustrates the unique challenges that broker-dealers may face when enforcing post-employment covenants that prohibit former...more

44 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide