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Total Articles: 4

Court Finds Broad Non-Disclosure Agreement is Unenforceable Non-Compete

Last week, in the case of Fay v. Total Quality Logistics, LLC, the South Carolina Court of Appeals ruled that language in a non-disclosure agreement was so broad it effectively became an invalid non-compete agreement. The case serves as a reminder for employers to review their non-disclosure and confidentiality agreements to make sure they are enforceable.

Looking to hire? Be careful with non-compete deals

American businesses are starting to hire again. Figures from the Department of Labor show that the unemployment rate dropped to 8.8% in March - down from a peak of 10.6% in January of 2010. As businesses look to hire, many managers will want their new employees to sign non-compete agreements. Such covenants can be beneficial for employers, but only if executed correctly.

COURT REJECTS EFFORT TO REWRITE NON-COMPETE TO MAKE IT ENFORCEABLE (pdf).

A recent South Carolina Supreme Court decision, Poynter Investments, Inc. v. Century Builders of Piedmont, Inc. (May 24, 2010), serves as a reminder that only restrictive covenants that are carefully and narrowly drafted are likely to be enforced. The Poynter Investments ruling reversed a trial court’s decision to modify an overly broad geographic restriction in a covenant not to compete and to enforce the modified non-compete.

When is a Customer List a Trade Secret? (pdf).

Customer list is not a trade secret when the names are readily available.
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Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Jackson Lewis P.C. | California | California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection (February 12, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)