In three separate actions and with a recent proposed rulemaking, the Federal Trade Commission (FTC) challenged the use and enforceability of non-compete agreements (NCAs). First, the FTC took action against three separate companies with regard to their use of NCAs. Generally, the FTC complained that the NCAs used were overly broad, applied to lower wage and unskilled workers, and were used in concentrated markets.
Read more »Tag: trade secrets
-
Federal Trade Commission Cracks Down on Non-Compete Agreements Posted on: January 06, 2023 In: Labor & Employment
-
Effective Non-Competition Agreements for Expanding Businesses Posted on: April 20, 2022 In: Labor & Employment
Expansions in your workforce and market territory can increase the likelihood that your business will encounter jurisdictional issues that can affect your non-competition agreements. A growing business should carefully scrutinize overly broad non-competition provisions in order to draft an agreement that is durable enough to survive such changes. This article will discuss some issues that can affect your non-competition agreements plus suggestions to consider in navigating the growth of your company.
Read more »
-
Trade Secrets Litigation Just Got More Complicated Posted on: February 03, 2021 In: Intellectual Property & Technology
In January, federal courts around the country issued new security procedures intended to protect highly sensitive documents (HSDs), following a cybersecurity breach at an electronic filing system vendor. Now, HSDs must be filed in person or via mail and, once received by the court, will be stored in a secure stand-alone computer system. While the concept it straightforward, its implementation is far from simple, as the court orders vary widely and leave a lot of open questions.
Read more »
-
3 Things You Can Do If You Suspect An Ex-Employee of Stealing Trade Secrets Posted on: September 10, 2020 In: Labor & Employment
One of the most obvious changes caused by COVID-19 is that everyone is now working from home. According to the 2020 Remote Work-From-Home Cybersecurity Report, sponsored by Pulse Secure, 84% of U.S. companies surveyed expect broader work-from-home adoption despite the fact that 69% of these organizations are concerned about work-from-home security risks. So, this begs the question, what should you do if you suspect an employee or ex-employee of stealing trade secrets?
Read more »
-
Protecting Your Trade Secrets During a Crisis Posted on: April 10, 2020 In: COVID-19 Response
Virtually every business has had to quickly transition to employing a remote workforce, whether partially or in full, to ensure compliance with local and state orders related to slowing down the spread of the novel coronavirus. Many companies have adapted primarily by relying on their employees’ ability to perform work on their personal devices.
Read more »
-
Five Pointers for Enforcing a Non-Compete Agreement in Texas Posted on: March 19, 2020 In: Labor & Employment
Partner Kristopher M. Stockberger provides some tips on how to ensure a non-compete agreement in The Lone Star State is fully enforceable.
Read more »
-
Non-Compete Enforcement and “Hot Job Markets”: A Tale of Ten Cities Posted on: February 27, 2020 In: Labor & Employment
The Wall Street Journal recently published a list of the top ten “Hottest U.S. Job Markets” in 2019. Regions were evaluated based on unemployment, labor force, jobs and wages. What is compelling about this list (at least for your average trade secrets and non-compete attorney) is that it throws into doubt the popular argument that non-competes suppress wages and deter employee mobility.
Read more »
-
Illinois Court Expands Reach of the Defend Trade Secrets Act, Opening Door for Increased Damages Posted on: February 26, 2020 In: Labor & Employment
What is the geographical reach of the powerful trade secrets statute known as the Defend Trade Secrets Act, or DTSA? According to one judge in the Northern District of Illinois, the answer to this question is: the whole world!
Read more »
-
Cleaning Up With Trade Secrets Under California’s Right to Know Act Posted on: November 05, 2019 In: Intellectual Property & Technology
Companies who make cleaning products sold in California should take note of a new law coming into effect on January 1, 2020, especially if their products are made from proprietary formulas or include ingredient mixtures that may qualify as company trade secrets.
Read more »
-
Protecting Your Trade Secrets in the European Union Posted on: September 23, 2019 In: Labor & Employment
This past week, the firm’s Denver office participated in Denver Startup Week. We spoke with many attendees about their concern with expanding their businesses to the global stage, especially in light of the uncertainty surrounding the forthcoming “Brexit.” Specifically, entrepreneurs asked about how they can go about protecting their trade secrets when they are doing business abroad.
Read more »
-
In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees Posted on: June 13, 2019 In: Labor & Employment
The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative. The ruling has broad implication across the spectrum of employment litigation throughout the state.
Read more »
-
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 »