Businesses seeking injunctive relief to enforce non-competition agreements in Florida might be required to show the confidential information they seek to protect is neither unnecessary nor outdated, according to a recent ruling in Transunion Risk and Alternative Data Solutions, Inc. v.
Restrictive Covenant Report
A blog on restrictive covenants, trade secrets, and unfair competition for employers
The Restrictive Covenant Report, published by Jackson Lewis P.C., focuses on legal developments and regulatory changes related to restrictive covenants in employment agreements. The blog covers topics such as non-compete agreements, no-poach agreements, garden leave provisions, and geographic and temporal limitations on restrictive covenants. It tracks legislative updates across various states, including new laws affecting healthcare practitioners and physicians, and analyzes the impact of these laws on employer and employee rights. The blog also discusses court interpretations and enforcement trends, providing insights into how restrictive covenant laws evolve and affect workforce mobility and employer protections.
Latest from Restrictive Covenant Report - Page 12
Unintended Consequences of Arbitration Provisions
A recent unpublished decision of the United States District Court, Eastern District of Pennsylvania, highlights the importance for employers to review carefully their agreements containing restrictive covenants to ensure they do not unintentionally limit the available avenues for relief.
In…
Consideration for Non-Competes in Illinois: You’re Better Off in Federal Court
The saga of “What consideration is adequate?” in Illinois continues. What has become clear is that federal courts are more forgiving than Illinois state courts on this issue.
On March 10, 2016, Judge Gettleman of the federal court in Chicago…
Use Of Personal Cloud-Based Document Accounts Requires New Strategies By Employers
Whether Google Docs, Dropbox, or some other file sharing system, employees, especially millennials and other digital natives, are increasingly likely to set up personal cloud-based document sharing and storage accounts for work purposes, usually with well-meaning intentions, such as convenience…
Congress Tries Again – The Defend Trade Secrets Act
Jackson Lewis attorneys Peter R. Bulmer, A. Robert Fischer, Michael S. Kantor, and David E. Renner have prepared a detailed update on the firm’s website on the status of a bill in Congress which would create a federal trade secrets law,…
California Court of Appeal Holds Employee’s Agreement to Reimburse Training Costs in Event of Resignation Does Not Offend Public Policy
A California court recently upheld an employer’s right to condition free training on continued employmentin the matter of USS-POSCO Industries v. Case, No. A140457 (Jan. 26, 2016). The defendant/appellant in the litigation, USS POSCO Industries (“UPI”) had originally hired…
New Proposed Rule Would Restrict Confidentiality Agreements for Government Contractors
The Jackson Lewis Affirmative Action Compliance & OFCCP Defense Practice Group has written about an important new proposal which would bar certain employers from using confidentiality agreements that restrict employees or subcontractors from reporting waste, fraud or abuse to the government. …
Insider Threat: Employee Mobility and Trade Secrets
Cliff Atlas, a principal with Jackson Lewis, will be participating in a webinar on January 20, 2016 on the topic of “Insider Threat: Employee Mobility and Trade Secrets” on the IP Chat Channel sponsored by the Intellectual Property Owners Association. www.ipo.org/IPChatChannel.…
Four Non-Compete and Confidentiality Agreement Issues to Watch in 2016
Jackson Lewis has prepared an end-of-the-year review of four non-compete and confidentiality issues to watch in 2016 on its website.
Clifford R. Atlas, co-chair of the firm’s non-compete and unfair competition practice group, and attorney Puja Gupta from the firm’s…
Second Circuit Adopts Narrow Construction of Federal Computer Fraud Statute, Joins Circuit Split
Clifford R. Atlas and Ravindra K. Shaw of Jackson Lewis’s New York office have written on the firm’s website about a recent decision from the Second Circuit Court of Appeals applying the narrow definition of “exceeds authorized access” under the…