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Report Link How to Protect Trade Secrets, Proprietary Business Information and Employees in a Down Economy.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 28, 2009 Given the current economic state and widespread availability of technology, your organization may be exposed to the threat of "corporate raiding": competitors luring employees – and your company's valuable trade secrets and proprietary business information – away. There are plenty of examples to choose from. In May 2009, Lockheed Martin Corp. won a $30 million jury verdict against L-3 Communications Corp. over the use of Lockheed's proprietary data and trade secrets. Also in 2009, a Kansas electronics design and manufacturing company was awarded nearly $17.5 million in actual and punitive damages in a lawsuit alleging misappropriation of trade secrets. And a $5.8 million settlement was recently reached in a corporate raiding case in Delaware between two office supply companies, one of which allegedly hired away a slew of employees and took confidential information from the other. Regardless of the cost, corporate raiding has seemingly become a mainstream business practice. How can you prevent the illegal pilfering of your employees and valuable business information? Report Link Slumping Economy Drives Employee-Defection Lawsuits.Fisher & Phillips, LLP - June 02, 2009 Competition to obtain more customers, sell more products, and make more profits is a motivating factor that drives every company. With new revenue hard to find in the present economy, retaining what business you do have, or that you have lined up in the pipeline, is at a premium. In a situation like this, the ramifications from employee defections can be crippling – i.e., years of hard work and "fair competition" can be quickly undone by a former employee who takes the benefits of those efforts to a competitor. Now is the time to make sure that you have maximized all means of protecting your client relationships and confidential information. Report Link Creating Enforceable Noncompete Agreements with Bank Officers and Other Key Employees (pdf).Fredrikson & Byron, P.A. - March 12, 2009 In this article, the authors discuss noncompete agreements in the context of federal
banking law. These agreements can provide a bank much needed protection
against harmful competition from a separated officer. However, the
authors caution, a noncompete agreement tied to a severance package requires
special care to ensure enforceability. Report Link Noncompete News: Halloween Edition.Ford & Harrison LLP - November 13, 2008 Welcome to the Noncompete News Halloween Edition. This month's devilish provision is what I like to refer to as the "hybrid noncompete – nonsolicit", i.e., a restrictive covenant that at first glance looks like a prohibition against soliciting customers but, in reality, acts like a noncompete. The provision at issue is of particular interest to staffing companies or other employers that place their employees at a client site. Report Link Defining, Protecting and Litigating Trade Secrets: A Roundtable Discussion.Buchanan Ingersoll & Rooney PC - May 28, 2008 This roundtable transcript features a discussion by Joseph A. Dougherty of Buchanan's Litigation Section, as well as Jonathan M. Darcy of Gibbons PC; Michael R. Greco of Fisher & Phillips, LLP; John M. Neclerio of Duane Morris, LLP; Walter S. Peake of Lutron Electronics Co., Inc.; and Marguerite S. Walsh, Littler Mendelson, PC. Report Link Across the Board: Changes Are In the Works for Noncompete Agreements.Littler Mendelson, P.C. - August 07, 2007 From coast to coast, changes are in progress in state laws governing the enforcement of noncompete agreements and the provisions therein. From Oregon, where the circumstances under which courts will enforce noncompete agreements are becoming more narrow, to Connecticut, where certain professions are being largely excluded from the scope of allowable noncompete agreements, state legislatures are taking action to specify when and under what circumstances noncompete agreements will be enforced. Meanwhile, the courts are not sitting idly by. For instance, the Texas Supreme Court recently clarified its stance on the use of forum-selection clauses in noncompete agreements. Employers would be wise to take heed of these changes, evaluate their current use of noncompete provisions, and consult counsel appropriately. Report Link Drafting A Non-Competition Agreement? Ten Things You Should Consider.Fisher & Phillips, LLP - August 03, 2007 After training and grooming a green employee into a highly productive and valuable member of the team, employers are frequently frustrated to learn that the employee is now their chief competitor. It's no surprise that, more and more frequently, employers are asking or requiring employees to sign non-competition agreements – employment contracts that restrict the rights of employees to set up shop across the street, or take your training with them when joining your rival. Report Link National Forum Shopping Over Restrictive Covenants (pdf).Littler Mendelson, P.C. - March 22, 2006 In this Littler attorney authored article, shareholder Don Benson weaves through the hazards of drafting restrictive covenants for multi-state companies, when each state's laws in regard to restrictive covenants vary so greatly. He explains the growing industry of forum shopping since the case Palmer & Cay, and how these cases have accelerated the use of the forum shopping tactics forcing injuctive relief. Report Link Outrunning Contractual Noncompete Undertakings: Does the 11th Circuit's Palmer & Cay Decision Offer 'Earlybird Specials' for Florida Forum Shoppers? (pdf).Littler Mendelson, P.C. - December 07, 2005 The 11th Circuit ruling in Palmer & Cay, Inc. v. Marsh & McLennan Companies, 404 F.3d 1297 (11th Cir. 2005) could possibly surmount other states public policy due to the fact that the employee filed the suit in Georgia, even though the conflict arose between Georgia law and New York/Illinois law. The decision in Palmer & Cay can indirectly have adverse effects on Florida employers. "Strategy must recognize that it is not the first court that enters a TRO or preliminary injunction, but the first to enter a final judgment that will have its judgment followed in other jurisdictions." Report Link Recent Case May Complicate Enforcement of Noncompetition Agreements.Fredrikson & Byron, P.A. - September 08, 2005 Enforcing noncompetition agreements has always been dicey. While many (but not all) states will enforce reasonable noncompetition agreements prohibiting former employees from working for competitors, courts dislike the agreements and often will look for ways to narrow or throw them out. Recently, a federal court added to the uncertainty of trying to enforce noncompetition agreements and, in the process, upped the stakes for being the first to sue under a noncompetition agreement. Report Link To the Swiftest Go the Spoils: Georgia Court Serves Notice to Employers in Non-Compete Cases.Littler Mendelson, P.C. - May 19, 2005 Due to a recent Georgia federal court opinion in Palmer & Cay, Inc. v. Marsh & McLennan, workers looking for a way to escape the confines of a valid non-compete agreement may be able to find safe haven in a neighboring state, according to Littler Mendelson, the nation’s largest employment and labor law firm. Report Link New Eleventh Circuit Ruling in Palmer & Cay Promotes Racing to the Courthouse in Noncompete Disputes.Littler Mendelson, P.C. - April 26, 2005 Employers with multi-state noncompete contracts may want to lace up their best pair of running shoes and get ready for a race. On April 1, 2005, the 11th Circuit issued an opinion in Palmer & Cay, Inc. v. Marsh & McLennan Companies, Inc., that some commentators are interpreting as an open door to forum shopping. Although the full effect of this case is difficult to predict at this time and recognizing that the defendant filed a Petition for Rehearing En Banc on April 22nd, the debate it is creating among commentators is likely to focus more and more attention on the importance of winning the race to the courthouse.
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ArticlesFound: 12 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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