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A Recent Trend In Louisiana Non-Compete Cases?

A trend may be developing in favor of non-compete agreements in Louisiana. Two recent appellate court decisions enforced their terms, even though they contained either overly broad or ambiguous language. The first is from the Louisiana Supreme Court, Causin, L.L.C. v. Pace Safety Consultants, LLC, which we have previously discussed. The second is from the U.S. Fifth Circuit, Brock Services, L.L.C. v. Rogillio, 19-30363 (Aug. 27, 2019).

The First Rollout of Proposed Amendments to the NLRB’s Election Rules

On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures. These proposed amendments follow the NLRB’s request for public input in December 2017 regarding its highly controversial “quickie election” rules. (See our previous Alert here).

Hacked? Compromised Information May Trigger Employer’s Duty to Notify Affected Employees

Hackers are getting creative. As they gather information about potential targets for identify theft and other cybercrimes, they increasingly target companies’ human resources departments. Employee records often contain troves of sensitive personal information that would be valuable to such criminals – from original employee applications with social security numbers and driver’s license numbers, bank draft forms with bank account information, and W2 forms and other tax documents.

Medical Marijuana Is Now Available in Louisiana

After four years of policy debate, rulemaking, testing, and approval, medical marijuana became available for purchase at nine Louisiana pharmacies yesterday.

Louisiana Supreme Court Allows Employer-Friendly Decision in Non-Compete Case to Stand

Drafting an enforceable (and meaningful) non-compete provision in an employment agreement can be difficult. Many states, like Louisiana, recognize that non-compete provisions in employment agreements raise a serious public policy concern.

Louisiana Court Finds Nonsolicitation/Noncompetition Agreement Is Enforceable

When Jay Baker, the vice president of Causin, L.L.C., quit to create a competing business, Causin sued to enforce Baker’s nonsolicitation/noncompetition agreement. Baker defended the claim in part by arguing the agreement’s use of a flexible addendum to list numerous parishes/counties did not satisfy the requirements of Louisiana’s noncompetition statute (La. R.S. 23:921), the inclusion of Causin’s “subsidiaries” and “affiliates” rendered the agreement overbroad, and the severability clause was ineffective. The

Fifth Circuit Rules Louisiana Trade Secret Claim Does Not Preempt Claim For Conversion Of Confidential Info

The Louisiana Supreme Court has not addressed whether a claim under the Louisiana Uniform Trade Secrets Act (LUTSA) precludes a claim for conversion of confidential information. But the U.S. Fifth Circuit recently did in Brad Services, LLC v. Irex Corporation, No. 17-30660 (October 17, 2018), finding that these conversion claims are not preempted.

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination Claim

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address employment discrimination. The Fifth Circuit Court of Appeals recently foreclosed one of these avenues and concluded that the LEDL provides the exclusive statutory basis for an employment discrimination case under Louisiana law. The court also held that the plaintiff in that case failed to show that the employer’s justification for its failure to promote her was pretextual, underscoring the high burden for plaintiffs in failure-to-promote cases. Roberson-King v. Louisiana Workforce Commission, No. 17-30899 (September 17, 2018).

Louisiana Updates its Data Breach Notification Law

And now it’s Louisiana’s turn! After several states recently enacted or strengthened existing data breach notification laws (Colorado, Arizona, South Dakota and Alabama just to name a few…), on May 20th , Louisiana Governor John Edwards signed an amendment to the state’s Database Security Breach Notification Law (Act 382) which will take effect August 1, 2018.

Louisiana #MeToo Law Requires Sexual Harassment Policies, Training, and Reporting for State Agencies

Less than a year after the #MeToo movement began in earnest, it continues to impact boardrooms and statehouses. In May of 2018, Louisiana became the latest state to take action in support of the #MeToo movement, with its lawmakers unanimously approving a statewide anti-sexual harassment policy—though they limited the law to state agencies and their employees for the time being.
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