Total Articles: 2
Jackson Lewis P.C. • October 15, 2017
Misappropriation of trade secrets claims can sometimes be difficult to sustain. While evidence of the taking of a trade secret may be available, evidence of its subsequent use may not.
Ogletree Deakins • November 23, 2011
A recent decision by the Virginia Supreme Court makes clear that when it comes to the use and enforcement of noncompetition agreements under Virginia law, â€œone sizeâ€ does not â€œfit allâ€ and that employers must utilize narrowly tailored agreements that reflect a position-specific, functional analysis in order for such agreements to be deemed enforceable. In Home Paramount Pest Control Companies, Inc. v. Shaffer, No. 101837, 2011 Va. LEXIS 222 (2011), the Virginia Supreme Court upheld the trial courtâ€™s decision to strike down the noncompetition clause in an employment agreement that the company entered into with one of its employees, who in 2009, resigned his position and soon went to work for a competitor. Through this decision, the Supreme Court reversed its own, 22-year-old precedent, through which it had held that the precise language at issue within a noncompetition agreement was enforceable.