A federal appeals court recently ruled that an overbroad “no-rehire” provision in a settlement agreement with a former employee can be an unlawful restraint of trade under California law. In Golden v. California Emergency Physicians Medical Group (July 24, 2018),
Non-Compete Trade Secrets Blog
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The DTSA’s Ex Parte Seizure Remedy – Two Years Later
Enacted in May 2016, the federal Defend Trade Secrets Act (DTSA) created a new remedy that was not available under any state’s Uniform Trade Secrets Act (UTSA) – the ex parte civil seizure. This remedy permitted plaintiffs to obtain a…
Once More Unto the Breach: Massachusetts Inching Closer to Noncompete Reform
It finally happened. After years of debate on Beacon Hill, Massachusetts law makers agreed to reform the Commonwealth’s treatment of noncompetition agreements as part of a number of bills passed in the waning hours of the 2018 legislative session. Among…
States Look for New Angle to Fight No-Poach Agreements
Attorneys general in ten states and the District of Columbia have recently launched an investigation into the employment practices of eight fast-food franchises. The group sent a joint letter to the companies requesting information on the companies’ use of restrictive…
Illinois Court Confers Another Win for Employees in Non-solicitation andTrade Secrets Case
Illinois Court Confers Another Win for Employees in Non-solicitation and Trade Secrets Case
In a recent decision, the Northern District of Illinois continued its trend of invalidating employment agreements, this time in regard to a non-solicitation provision it determined to…
A “Crowbar to Get Everything”: Motorola v. Hytera and the Issues with Imaging Computers in Discovery
A “Crowbar to Get Everything”: Motorola v. Hytera and the Issues with Imaging Computers in Discovery
In an interesting 15-page discovery order, Magistrate Judge Jeffrey Cole of the Northern District of Illinois rejected Motorola’s attempt to obtain images of…