Not All Documents Labeled Confidential Actually Are: Texas Jury Finds M Trade Secret Case Was Brought in Bad Faith |  Seyfarth Shaw

Not All Documents Labeled Confidential Actually Are: Texas Jury Finds $23M Trade Secret Case Was Brought in Bad Faith | Seyfarth Shaw

On May 31, 2023, a Harris County Texas District Court jury found a telecom company acted in bad faith by filing a $23 million trade secret misappropriation lawsuit against a rival where the underlying technology was found to not actually be a trade secret. Background & Analysis In February 2019, Telecom firm Teligistics, Inc. (“Teligistics”) sued its rival Advanced Personal Computing, Inc. d/b/a Liquid Networx (“Liquid Networx”) and company executives Travis Wood and Robert Short, alleging they misappropriated trade secrets concerning its online platform for handling contracts named Telibid. Specifically, Teligistics alleged a former Liquid Network employee obtained a copy…
Personal Injury Lawyers Toronto |  Diamond and Diamond Lawyers

Personal Injury Lawyers Toronto | Diamond and Diamond Lawyers

The most immediate concerns after a car accident are your health and your legal obligations. First, you should be evaluated by a physician for any injuries. Not all car accident injuries are obvious. Brain injuries can be essential invisible, and other conditions may not show symptoms for hours or days after a car accident due to adrenaline and shock. Next, you want to collect as much information about the accident as possible. Get all relevant information such as license plate numbers, names, locations, insurance providers, and other details and organize it. If there were any witnesses present at the scene,…
Personal Injury Lawyers Toronto |  Diamond and Diamond Lawyers

Personal Injury Lawyers Toronto | Diamond and Diamond Lawyers

The most immediate concerns after a car accident are your health and your legal obligations. First, you should be evaluated by a physician for any injuries. Not all car accident injuries are obvious. Brain injuries can be essential invisible, and other conditions may not show symptoms for hours or days after a car accident due to adrenaline and shock. Next, you want to collect as much information about the accident as possible. Get all relevant information such as license plate numbers, names, locations, insurance providers, and other details and organize it. If there were any witnesses present at the scene,…
NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA). According to Bloomberg Law, “[t]the NLRB’s first enforcement action against an employer’s noncompete agreement targeted a Michigan cannabis processor and ended with a recent private settlement resolving the alleged labor law violations.” (The enforcement action predates the guidance memo). Bloomberg obtained redacted documents from the case via a Freedom of Information Act request. As we previously reported, on May 31, 2023, the NLRB’s top lawyer, Jennifer…
Senators Release Report from Government Watchdog on the Prevalence and Economic Effects of Noncompete Agreements Amid Intensifying Federal and State Efforts to

Senators Release Report from Government Watchdog on the Prevalence and Economic Effects of Noncompete Agreements Amid Intensifying Federal and State Efforts to

On May 17, 2023, US Senator Rob Wyden (D-OR) announced the release of a long-awaited report on the US Government Accountability Office’s multi-year investigation into the use of noncompete agreements across the US labor market. In announcing the release, Senator Wyden said that the GAO report “highlights the problems of noncompete agreements – particularly their impact on limiting workers’ fundamental freedom to change jobs,” and pledged to “fight tooth and nail for fair labor laws that protect workers and promote the creation of new businesses in Oregon and nationwide.” In March 2019, Wyden and a bipartisan group of US senators…
Justice Department Announces Trade Secret Theft and Other Charges Following Recently Launched Technology Strike Force

Justice Department Announces Trade Secret Theft and Other Charges Following Recently Launched Technology Strike Force

Earlier this year, the United States Department of Justice (“DOJ”) announced that it was launching the Disruptive Technology Strike Force (“Strike Force”) in an effort “to target illicit actors, strengthen supply chains and protect critical technological assets from being acquired or used by nation-state adversaries.” The DOJ’s initial announcement can be found here. The Strike Force is co-led by the DOJ and Commerce Department with the goal of countering efforts by hostile nation-states seeking to illegally acquire sensitive United States technology. On May 16, 2023, the DOJ announced criminal charges in five cases from five different US Attorney’s Offices in…
California Weighs Formal Penalties for Attempts to Enforce Restrictive Covenants |  Seyfarth Shaw

California Weighs Formal Penalties for Attempts to Enforce Restrictive Covenants | Seyfarth Shaw

The California legislature is considering new legislation that proposes, among other things, penalties for an employer’s use of restrictive covenants as well as for attorneys who assist with their enforcement. Assembly Bill 747 was introduced in February 2023 and, if passed, would make the following changes: The existing exceptions for restrictive covenants that are part of the sale of a business would be narrowed. Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic…
NLRB to Release Memo Clarifying Impact of McLaren Macombs on Confidentiality and Non-Disparagement Restrictions |  Seyfarth Shaw

NLRB to Release Memo Clarifying Impact of McLaren Macombs on Confidentiality and Non-Disparagement Restrictions | Seyfarth Shaw

The Board sent shockwaves through employment law in its February 21, 2023, decision in Mclaren Macombwhich held that simply offers a draft settlement agreement with broad confidentiality and non-disparagement provisions violated the National Labor Relations Act (“NLRA”). We previously blogged about the mclaren decision and encourage you to read that post for a summary of the decision. mclaren left unanswered a host of critical questions and, in the month following the decision, employers have not received any further clarity from the Board regarding how this decision will play out in practice. But some clarity—welcome or unwelcome—is coming. At some point…