Lewis Brisbois Bisgaard & Smith LLP

Latest Blog Posts

Non-Competition Agreements – Bracing Yourself Against the Winds of Change Posted on: May 23, 2019 In: Labor & Employment
As noted in our May 10 client alert, Washington has now joined several other states (Idaho, Utah, Massachusetts, Nevada, Oregon, New Mexico, and Illinois) that have recently amended their non-compete statutes to provide more protections for employees. The Washington statute is instructive for employers because, in addition to a new wage threshold, it contains several of the restrictions or limitations that are trending in proposed legislation across the country.
Read more »

Tags:
non-competition, non-disclosure, non-solicitation, employment agreements, washington
Supreme Court Issues Major Ruling on the Ongoing Viability of Trademark Licenses by Bankrupt Entities Posted on: May 20, 2019 In: Intellectual Property & Technology
At issue in Mission Product Holding v. Tempnology, LLC, was whether a licensee whose license agreement was "rejected" by the bankrupt debtor licensor was permitted to continue using the trademark that was the subject of the license. The debtor/licensor wanted the licensee to cease ongoing usage of the mark and cited to the bankruptcy law's tool of rejection as the basis for doing so. However, the U.S. Supreme Court rejected the proposition that the licensee had to cease usage.
Read more »

Tags:
supreme court, trademark, bankruptcy, chapter 11, trademark license
What Wearable Tech Could Mean for Sports as “Hot News”: A Lesson from the Alliance of American Football Posted on: May 17, 2019 In: Intellectual Property & Technology
On April 2, 2019, in the middle of its inaugural season, the nascent Alliance of American Football (AAF) ceased all operations. Within weeks the AAF filed for Chapter 7 bankruptcy, leaving in its wake new technologies that might one day reshape the world of professional sports.
Read more »

Tags:
wearable technology, hot news, professional sports, misappropriation, copyright
Legislative Alert: Maryland Amends Data Breach Notification Law to Improve Incident Response Posted on: May 16, 2019 In: Data Privacy & Cybersecurity
On April 30, 2019, Maryland enacted an amendment to Maryland’s Personal Information Protection Act (Md. Code Ann. § 14-3504), which becomes effective on October 1, 2019. The amendment was introduced in response to a rise in consumer complaints about identity theft.
Read more »

Tags:
maryland, breach notification, identity theft, credit card fraud, incident response
Non-Competition Agreements, Part 2: Making It Hard to Say Goodbye Posted on: May 14, 2019 In: Labor & Employment
Like any relationship, a separation between an employer and employee can be difficult. It can be even worse if one party is surprised by the separation. Non-competition agreements are an important tool for employers to help mitigate the difficulties of employment separation, especially when it is the employee doing the leaving. Here are three tips for employers using or thinking about using non-competition agreements/
Read more »

Tags:
non-competition, employment agreements, offer of employment, retention
Legislative Alert: Alabama Passes Heightened Cybersecurity Standards for the Insurance Industry Posted on: May 13, 2019 In: Data Privacy & Cybersecurity
On May 1, 2019, Governor Kay Ivey signed Alabama S.B. 54 into law, making Alabama the latest state to pass a law mandating heightened standards within the insurance industry for cybersecurity and data privacy. The Insurance Information Security Program Requirement applies specifically to insurers and other entities licensed by the Alabama Department of Insurance.
Read more »

Tags:
legislative alert, alabama, data security, insurance industry, cybersecurity
3 Tips to Help Your Business Acclimate to the New Landscape of Legal Marijuana Posted on: May 09, 2019 In: Labor & Employment
Amazing though it may seem, we are living in the brave new world of legalized marijuana, a development that just a few years ago was likely unthinkable to the average employer. In 2019, ten states and Washington, D.C. have legalized recreational marijuana for adults over 21, while 33 states have legalized medical marijuana. More states, such as Illinois, are expected to legalize recreational marijuana soon. Employers must acclimate to the rapidly-changing drug landscape. Here are three helpful tips to get
Read more »

Tags:
marijuana, medical marijuana, drug policy, reasonable accommodation policy, zero tolerance
Bring-Your-Own-Device Policies: What Employers Need to Know Posted on: May 08, 2019 In: Labor & Employment
Chances are good that you’re reading this on a smartphone or other mobile device. It’s also likely that a great deal of your workforce currently uses their smartphone or other mobile device in performing job duties. As such, many employers are either expressly or impliedly implementing Bring-Your-Own-Device (BYOD) policies that allow workers to use their own devices for work-related tasks.
Read more »

Tags:
bring your own device, flsa, trade secrets, overtime, smartphones
Legislative Alert: Updates to Washington Breach Notification Statute Expected Posted on: May 07, 2019 In: Data Privacy & Cybersecurity
Washington State will soon pass a law that will overhaul its data breach notification requirements, beginning in March 2020. House Bill 1071, which passed both of Washington’s legislative chambers, was presented to Governor Jay Inslee in late April, and the governor is widely expected to sign the bill into law. The bill includes four significant changes to Washington’s existing data breach notification requirements.
Read more »

Tags:
legislative alert, washington, breach notification, data breach, statute
California Employers: Don’t Forget to Post the New Family Care and Medical Leave and Pregnancy Disability Leave Notice Posted on: May 06, 2019 In: Labor & Employment
The California Fair Employment and Housing Council (FEHC) just released an updated Family Care and Medical Leave and Pregnancy Disability Leave notice. Beginning April 1, 2019, California employers with 20 or more employees must post in their workplace this new notice that explains employee rights to take job protected leave under three California leave laws — the California Family Rights Act (CFRA), the Pregnancy Disability Leave (PDL) law, and the New Parent Leave Act (NPLA).
Read more »

Tags:
california, family care, medical leave, pregnancy disability leave, employee notices
The Threat Sitting Next To You: Defending Cyber Insider Attacks Posted on: May 03, 2019 In: Data Privacy & Cybersecurity
Each year, companies wisely invest in advanced perimeter security devices and software to secure their electronic data and thwart cyber attacks. Unfortunately, despite that well-reasoned approach, the greatest threat to data security may be someone within the organization’s own walls.
Read more »

Tags:
data breach, insider attacks, cybersecurity, privacy notification, hacking
Colorado Joins the Growing Number of States That ‘Ban the Box’ Posted on: April 30, 2019 In: Labor & Employment
On April 12, 2019, Colorado’s House Bill 1025 – known as the “Ban the Box” law – cleared the state legislature and moved to the governor’s desk for final signature. In doing so, Colorado joins the growing number of states that have passed legislation aimed at removing the check box that asks if applicants have a criminal record from hiring applications. Colorado becomes the 12th state to get behind this initiative, in addition to many municipalities that have placed limitations on criminal background inquir
Read more »

Tags:
colorado, ban the box, employment application, criminal background checks, employment law