Injunctions for All – Speaking of Litigation Podcast
The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part III
#WorkforceWednesday: New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on Non-Competes - Employment Law This Week®
The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part II
The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices
JONES DAY TALKS®: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision
Key Takeaways from the AMG Capital Management v. FTC Decision
#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down - Employment Law This Week®
Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola,...more
The US Court of Appeals for the Seventh Circuit stayed a district court’s contempt sanctions relating to an anti-suit injunction violation, finding that the adjudicated infringer had done all it could to withdraw from the...more
A Massachusetts federal district court enforced a non-compete provision in a franchise agreement to enjoin former franchisees from operating a different branded automotive business at the same location as the former...more
Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings....more
California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more
Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more
Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more
In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor &...more
Most states have a law that protects trade secrets. California, for example, has CUTSA (California Uniform Trade Secret Act). Arizona has the Arizona Uniform Trade Secrets Act ("AUTSA") found in chapter 4 of title 44 of the...more
As we recently highlighted, trade secret misappropriation lawsuits brought by law firms against departing attorneys are not a new phenomenon, but the number and intensity have increased over recent years. Our last...more
The legal profession reigns as the primary protector of client choice. No other profession — including doctors and accountants — protect the client’s choice of advisor as rigorously as legal governing bodies, with restrictive...more
The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more
Trade secret law affords plaintiffs flexibility in fashioning a damages calculation. As detailed in the Defense of Trade Secrets Act, remedies can include (1) injunctive relief, (2) damages for the plaintiff’s actual loss,...more
In its third opportunity to review the district court’s decision in this trade secret case involving flooring, the US Court of Appeals for the Eleventh Circuit again reversed, this time vacating a permanent injunction and an...more
For months, companies in all industries have been talking about indefinite global supply chain disruptions and worker shortages. This is particularly true in the energy industry, with oil prices surging even before Russia...more
Amidst long-simmering diplomatic tensions between China and the United States, disputes arising out of Chinese companies’ alleged theft of technological trade secrets from rival American companies have found their way to...more
The International Trade Commission (ITC) of the United States is an independent and quasi-judicial federal agency that handles a range of trade-related matters. The main functions of ITC are to investigate and make...more
An Ohio driving school has recently filed an action alleging that its former employee retained its trade secrets after being furloughed amid COVID-19 and then used these materials to open a competing driving school. For...more
Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more
When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more
On August 7, 2020, the Fifth Circuit addressed an issue presently undecided by the Texas Supreme Court; namely, whether reformation of an overbroad non-compete restriction is appropriate, and perhaps even required, at the...more
At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more
As a result of the COVID-19 crisis, and the effective shut down of most of the US economy over the past several weeks (and for the foreseeable future), many companies are currently hemorrhaging cash, others may be temporarily...more
As we have previously reported, courts across the country are adjourning most appearances, including trials, and hearing only “emergency matters” during the current COVID-19 crisis. ...more
On February 25, 2020, Plaintiff Mustard Girl LLC (“Mustard Girl”), an award-winning mustard manufacturer, filed a lawsuit in the Circuit Court of Cook County for damages against its former co-packing partner, Olds Products...more