Restrictive covenants not to compete, or non-compete agreements, are one of a variety of tools companies use to protect their trade secrets and competitive advantage. However, whether a court will enforce a restrictive covenant varies widely across jurisdictions, including across states within the Fifth Circuit. For example, the Louisiana statute governing restrictive covenants applies a two-year durational limit, while Mississippi common law applies a more general ‘reasonable and specific’ standard to the duration and geographic scope of a restrictive covenant. In addition, Mississippi courts must balance the rights of the employer, the employee, and the public when enforcing restrictive covenants.…
To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Such covenants remain predominantly governed by statutes in Maine, Massachusetts, New Hampshire, and Rhode Island, while Puerto Rico continues to govern them by common law. And with no significant updates since 2020, restrictive covenants remain disfavored and under increased scrutiny in the First Circuit. Generally, these courts will only enforce noncompete agreements that are reasonable, no broader than necessary to protect an employer’s legitimate business interests, properly noticed, and in line with public policy. The applicable…
NEW YORK, June 29, 2022 (GLOBE NEWSWIRE) — WHY: Rosen Regulation Agency, a worldwide investor rights regulation agency, reminds purchasers of the securities of Apyx Medical Company (NASDAQ: APYX) between Could 12, 2021 and March 11, 2022, each dates inclusive (the “Class Interval”), of the essential August 5, 2022 lead plaintiff deadline.
SO WHAT: In the event you bought Apyx securities in the course of the Class Interval you might be entitled to compensation with out cost of any out of pocket charges or prices by a contingency payment association.
WHAT TO DO NEXT: To hitch the Apyx class motion,…
NBA star Zion Williamson has extra to have fun than his lately introduced five-year most rookie contract extension with the New Orleans Pelicans, value as much as $239 million. Williamson was additionally victorious in a lawsuit he filed towards his former agent Gina Ford, and her company Prime Sports activities Advertising and marketing LLC (“Prime Sports activities”). The case is Williamson v. Prime Sports activities Advertising and marketing LLC et al. within the District Court docket for the Center District of North Carolina, No. 1:19-cv-00593.
Williamson entered right into a advertising settlement with Ford and Prime Sports activities when he…
NEW YORK, June 29, 2022 (GLOBE NEWSWIRE) — WHY: Rosen Regulation Agency, a worldwide investor rights legislation agency, reminds purchasers of the securities of First Excessive-Faculty Schooling Group Co., Ltd. (NYSE: FHS) pursuant and/or traceable to the registration assertion and prospectus (collectively, the “Registration Assertion”) issued in reference to the Firm’s March 2021 preliminary public providing (“IPO” or the “Providing”) of the essential July 11, 2022 lead plaintiff deadline.
SO WHAT: When you bought First Excessive-Faculty Schooling Group securities pursuant and/or traceable to the Registration Assertion, you might be entitled to compensation with out fee of any out of pocket…
At the beginning of the pandemic, concerns were raised that trade secret misappropriation might take a new form. Indeed, with large swaths of the workforce working from home, spouses, roommates, or others living in the same area had an increased opportunity to purloin confidential information that might not have been available to them previously.
But a recent case in Massachusetts highlights that this is not unique to pandemic-era work-from-home setups. While the events formed the basis of the dispute in BioPoint, Inc. v. Dickhaus et al. occurred during the pandemic, the facts reveal that information sharing between employees of competitors…
In Seyfarth’s third installment in the 2023 Trade Secrets Webinar Series providing valuable insights into navigating this evolving landscape, Seyfarth attorneys covered a range of topics, including the latest technology threats, the importance of communication and training, revisiting confidentiality policies, alternative trade secret protections, and updating restrictive covenant agreements. Here are the key takeaways from the Seyfarth webinar:Staying Informed about Technology Threats: Employers must stay up to date with the latest technology employees can use to misappropriate sensitive data. This includes being aware of potential tools and methods that could compromise trade secrets. Equally important is keeping abreast of…
It is no secret that political winds are blowing against the practice of employers requiring certain employees to sign non-competition agreements, as demonstrated most saliently earlier this year when the Federal Trade Commission (“FTC”) introduced its proposed rule that would ban non- competes nationwide, with retroactive effect. While thousands of comments have been submitted to the FTC regarding that proposed rule (and the comment period is scheduled to close this week), legislators in many states have been busy introducing legislation that would ban or limit the use of non-competes.Minnesota may be moving toward the front of the pack of…
