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Non-Compete and Trade Secrets Blog

Posts from October 2011.

Managing non-compete and trade secret issues on a multi-national basis isn’t just a problem for Fortune 500 companies. Tune in for our series of blog posts on the emerging challenge of managing non-compete and trade secrets issues when operating in a multi-national environment.

In a recent decision, a panel of judges from the United States Court of Appeals for the 3rd Circuit found one more reason for employers to be on the lookout for misclassification of employees as independent contractors: companies may not be able to enforce restrictive covenants against individuals misclassified as independent contractors.

A recent Formal Opinion issued by the ABA Standing Committee on Ethics and Professional Responsibility offers yet another reason for non-compete lawyers to be sure they remind clients about the dangers of communicating with counsel via workplace computers.

Hooters recently sued a competitor for trade secret theft based on allegations that a former Hooters executive stole proprietary information. Hooters seems to touch all the bases in making its trade secret allegations, but one thing is glaringly missing from its case: it did not sue the former employee.

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