
Sokoloff Lawyers are committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy.
Privacy Legislation:Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA . These obligations extend to lawyers and law firms, including Sokoloff Lawyers.
As a services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of…

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) once again issued new precedent when holding that the mere proffer of a draft severance agreement containing broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA” or “Act”). The severance agreement provisions before the Board contained extremely broad restrictions and arose in the context of underlying unfair labor practices (“ULPs”) that included circumventing a certified bargaining representative. It remains to be seen, therefore, whether the Board will seek to invalidate more narrowly-tailored confidentiality and non-disparagement provisions.At issue in Mclaren Macomb, 372 NLRB No. 58…

Sokoloff Lawyers are committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy.
Privacy Legislation:Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA . These obligations extend to lawyers and law firms, including Sokoloff Lawyers.
As a services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of…

Thomson Reuters Practical Law has released the 2023 update to “Trade Secrets Litigation,” co-authored by our colleague Peter A. Steinmeyer.Following is an excerpt (see below to download the full article in PDF format):
Trade secrets are often an employer’s most valuable assets. When an employee or former employee misappropriates an employer’s trade secrets, the employer frequently initiates litigation with several goals in mind, including:Preventing further unauthorized use or disclosure of its trade secrets.
Recovering the trade secrets.
Obtaining damages.This Practice Note discusses trade secrets litigation. In particular, it addresses:Preliminary steps to consider, such as sending a…

our colleagues Peter A. Steinmeyer, Erik W. Weibustand Angel A. Perez co-authored an article in Thomson Reuters Practical Law’s The Journalentitled “Restrictive Covenants: Ethical Issues for Attorneys.”Following is an excerpt:
Companies across the US commonly use non-compete agreements and other restrictive covenants to protect the company’s legitimate business interests. These agreements are used with employees at all levels but often focus on those with access to the company’s trade secrets and confidential information. In-house attorneys, in particular, may take on non-legal, business roles that expose them to sensitive information that the company seeks to protect from competitors and public…

This post was originally published as a Seyfarth Legal Update.
In a January 11, 2023 op-ed published in the Wall StreetJournal, President Joe Biden urged “Democrats and Republicans to come together to pass strong bipartisan legislation to hold Big Tech accountable.” He warned that the “risks Big Tech poses to ordinary Americans are clear. Big Tech companies collect huge amounts of data” about technology users, including “the places we go,” and argued that “we need serious federal protections for Americans’ privacy. That means clear limits on how companies can collect, use and share highly personal data,” including location data.Potential…

As previously reported, the Federal Trade Commission (FTC) proposed a rule on January 5, 2023, that would ban non-competes nationwide. There are serious questions about the FTC’s authority to promulgate such a rule and many practical reasons why such a sweeping approach is unwarranted—in particular at the federal level. The period for submitting formal comments to the proposed rule lasts 60 days following the publication of the proposed rule in the Federal Register. The FTC did not file the proposed rule with the Federal Register until January 18, 2023, and it will not be published until January 19, 2023, meaning…

We wrote previously about how nobody seemed to be talking seriously about the noncompete bill that was passed by both the New York General Assembly and Senate last month. If signed by Governor Hochul, the bill would ban non-competes without a carveout even in the sale of a business context, which both California and the Federal Trade Commission’s proposed rule includes.Luckily, in the weeks since we wrote that post it appears that people are finally taking notice. Several legal and industry organizations in New York have either submitted or are in the process of drafting letters or otherwise reaching…