Why Your Data is Key to Reducing Risk and Increasing Efficiency During Investigations and Litigation
The 'Secrets' of Trade Secrets in Government Contracting
Does Cellular 5G Equal 5x the Fraud and Misconduct Risk?
On-Demand Webinar | Protecting Information in a Work-From-Home World
Coronavirus and the workplace (Housebound edition)
30 million is a BIG number! That is the estimated number of employment contracts that could be impacted by the Federal Trade Commission’s new rule banning non-competes, if it goes into effect on September 4, 2024, as...more
On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements...more
With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more
A Minnesota federal court denied cookie dough franchisor Cookie Dough Bliss Franchising’s motion for a temporary restraining order and preliminary injunction against a former Minnesota franchisee and its owners....more
Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and...more
In a recent memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo, sets forth her view that the proffer, maintenance,...more
An Ohio appellate court upheld the state trial court’s decision to grant a permanent injunction against two former franchisees of an auto body shop franchise working for a competitor in violation of the franchise agreement’s...more
Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more
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
A New London Connecticut Superior Court jury awarded an $839,423 verdict in November 2019, involving theft of trade secrets for a $70 million U.S. Navy underwater drone project. This case, LBI, Inc. v. Sparks, et al.,...more
Welcome to the latest edition of Foley’s Automotive MarketTrends newsletter, which continues to highlight key trends in the industry. In this issue, we focus on tips for drafting commercial agreements, and, more specifically,...more
Days ago, engineer Anthony Levandowski was indicted on criminal charges accusing him of stealing information from Google-owned Waymo and taking it to Uber. While the indictment alleges he downloaded 14,000 documents...more
In 2016, President Obama released a “Call to Action” encouraging state legislatures to take a hard look at non-compete reform. The “Call to Action” urged states to ban restrictive covenants that impose unnecessary...more
Many companies hire employees that have gained experience at competitors. In fact, it is fairly standard; and there isn’t anything wrong with that practice. After all, employees are generally able to take their knowledge,...more
Two high-end, off-price fashion brands are duking it out over an employee jumping ship from Century 21 Department Stores, LLC to Rue Gilt Groupe. On November 5, 2018, Century 21 sued Rue Gilt Groupe and Berenice Arcuri in...more
Protecting your trade secrets and proprietary information is a vital part of your business. Every company needs to have policies and agreements in place to prevent employees from stealing property, and wrongfully soliciting...more
Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...more
Just hours after the Eagles clinched their upset Super Bowl win over the Patriots, a different battle royale began in a San Francisco courtroom between an established juggernaut and its upstart rival. For techies and trade...more
On October 25, 2016, the Obama Administration issued a “State Call to Action on Non-Compete Agreements.” This call to action is part of President Obama’s Executive Order directing states to increase competition for workers...more
“This has been a trend for a long time; the days of lifetime employment are long since over.” — Marc Andreeson Anticipating that employees do not always stay with an employer for the duration of their careers,...more
THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more
In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks. 1. Could you provide a brief snapshot of current trends in...more
A federal appeals court recently ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. Because trade secret...more
I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October...more