Now on Spilling Secrets, our podcast series on the future of non-compete and trade secret law:
The inevitable disclosure doctrine, expected to be a widely used tool to protect trade secrets after the famous PepsiCo, Inc. v. Redmond case in 1995, has not been as commonly employed as anticipated. But is the legal landscape about to change?Epstein Becker Green’s all-star panel of attorneys – Peter A. Steinmeyer, Katherine G. Rigby, A. Millie Warner, and special guest James J. Oh – delve into the most famous trade secrets case of all time.* * *
Tune in to Spilling Secrets,…
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The District of Maryland recently awarded a software developer a mere $1.00 in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of the defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages.
in AirFacts, Inc. v. de AmezagaAirFacts, a developer of accounting software for airlines, filed suit against Diego de Amezaga, its former director of product development, alleging that de Amezaga’s subsequent employment violated his employment agreement with AirFacts and that de Amezaga had misappropriated various trade secrets.As part of his employment with AirFacts, de Amezaga…
On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) continued its aggressive application of the National Labor Relations Act (“Act” or “NLRA”) to workplaces without union representation and lessened the value of severance agreements for all employers by finding it unlawful for an employer to merely proffer a severance agreement that includes broad non-disparagement and confidentiality provisions to an employee. in Mclaren Macomb, the Board held that a severance agreement that contained a confidentiality clause and a non-disparagement clause was unlawful because, in the Board’s view, these provisions impermissibly infringe on employees’ rights under the Act. Specifically,…
Thomson Reuters Practical Law has released the 2023 update to “Garden Leave Provisions in Employment Agreements,” co-authored by our colleague Peter A. Steinmeyer and Lauri F. Rasnick.
The Note discusses garden leave provisions in employment agreements as an alternative or a companion to traditional employee non-compete agreements. It addresses the differences between garden leave and non-compete provisions, the benefits and drawbacks of garden leave, and drafting considerations for employers that wish to use garden leave provisions. This Note applies to private employers and is jurisdiction neutral.Following is an excerpt (see below to download the full version in PDF format):…
Thomson Reuters Practical Law has released the 2023 update to “Preparing for Non-Compete Litigation,” co-authored by our colleague Peter A. Steinmeyer.
Following is an excerpt (see below to download the full version in PDF format):
Non-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a non-compete agreement (also referred to as a non-competition agreement or non-compete). It is critical to confirm that there is sufficient factual and legal support before initiating legal action. Filing a complaint for monetary damages or a request for an injunction can…
The Federal Trade Commission (FTC) has announced that it will be hosting a public forum on February 16, 2022, from 12:00-3:00 pm ET, to discuss its proposed nationwide non-compete ban. The forum is intended to supplement the FTC’s request for written comments, which as of today have exceeded 10,000. According to the FTC, “[t]the commission will hear from a series of speakers who have been subject to non-compete restrictions, as well as business owners who have experience with non-competes.” It is unclear whether any of the “business owners who have experience with non-competitors” support their use, or if the FTC…
