Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Podcast Episode 17)
Navigating the Nuances of the COBRA Subsidy Under the American Rescue Plan Act
Noncompete Agreements - Traps for the Unwary: Part 2
Noncompete Agreements - Traps for the Unwary: Part 1
Part 2: Practical Considerations in Managing the Risk of Employing Former Government Employees
Part 1: Practical Considerations in Managing the Risk of Employing Former Government Employees
COBRA Deadlines and Proofs of Mailing in Carter v. Southwest Airlines Co. Board of Trustees
JONES DAY PRESENTS®: Helping Clients with Trade Secret Protection
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued
Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade Secrets and the Practical Relationship Between the Two
Potential Employer Liability for Late Manifesting Occupational Diseases
Protecting Trade Secrets When Employees Depart
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
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
A new report from Beyond Identity focuses on old, but very important issues—ending access rights to network systems by terminated employees and the rampant sharing of passwords....more
Former government personnel have much to offer contractors, but many companies who want to recruit them too often lack a full appreciation for the labyrinth of ethical statutes and regulations which govern their recruitment...more
Employers in the Netherlands should take action if they find out that a (soon-to-be or) former employee is going to work for a competitor. If they do not do so or fail to do so on time, they risk being left empty-handed, as...more
Introduction - Employers whose new recruits bring with them potentially confidential information from their prior employment need to be mindful of the risks of claims from an individual’s previous employer, not just on the...more
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
Courts have long held that, in order for something to be considered a “trade secret,” a business owner has to actually make efforts to keep the supposed trade secret a secret. It stands to reason that if no efforts are made...more
Your organization spends significant capital crafting your corporate brand and reputation to appeal to consumers and potential employees alike. Now, imagine the first internet search result for your company coming back in...more
I have posted a few times here about using post-employment restrictions to preserve a manufacturer’s competitive advantage. See “Non-Compete Cautionary Tale” (Nov, 2, 2018); “I’m New – And It’s No [Trade] Secret” (Oct. 27,...more
As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton...more
Problem: A key member of the design team for your start-up company's upcoming product launch has just quit in a huff over compensation. He (or she) threatens to go to your primary competitor and share everything they know...more
When employees leave a company—whether it is due to a voluntary or involuntary separation—their former employers may worry about the security of the company’s confidential information and trade secrets. This article answers...more
The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets...more
“Knowledge is power” goes the old adage. Well, that is certainly true in the world of business where secret processes, confidential designs, and even a good customer list can give a business a vital commercial edge over its...more
Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more
Data breaches are all over the news, but those stories most often cover high-profile cybersecurity breaches that result from the malicious efforts of hackers or other outsiders. Just as insidious, and more likely to occur,...more
Sometimes the Greatest Risk Comes from the Inside - Cybersecurity continues to be an issue that dominates the news. Much has been made of the cyber-risk US companies face from foreign countries and outsiders. However,...more