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Non-Compete and Trade Secrets Blog

Posts in Unfair Competition/Employee Raiding.

On Feb. 24, 2017, at the University of Denver, come join Fisher Phillips attorneys and a prominent of practitioners and state and federal judges at the first ever conference on the new Defend Trade Secrets Acts (DTSA), which became effective in mid-2016.

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could outsmart her.

Three years ago, we addressed the question of why college football programs do not use non-compete restrictions to prevent coaches from moving to direct rivals. At the time, we mentioned the fact that Arkansas was a program that had utilized a non-compete restriction with its then-current coach, Bobby Petrino:

In fact, a notable example of a college coach who does indeed have a non-compete restriction - Arkansas' Bobby Petrino - establishes the limits ...

When employees resign to join a competitor, care should be taken to avoid common mistakes that may give rise to litigation. Here are some things to keep in mind.

On March 10, 2014, FINRA filed proposed Rule 2243 with the SEC. The proposed rule would require firms and registered reps to disclose certain financial incentives offered to reps in connection with a change in employment and would require firms to report information concerning the same subject to FINRA. I spoke about the proposed rule this morning at SIFMA's C&L Annual Seminar in Orlando. Following are the most frequently asked questions concerning the ...

In a recent decision, the Supreme Court of New Jersey considered whether an employer has an independent duty to inquire into the source or ownership of a newly hired employee’s customer list. Surprisingly, the answer is “no.”

The case, Thomas Fox v. Millman, involves a sales representative, Jean Millman, who previously worked for Target Industries, an industrial plastic bag company. Millman signed a confidentiality agreement when she began ...

Now available on demand -- Join us for this free one hour webinar as we explore steps employers can take to address the risks presented by social media to their trade secrets. The use of online social media for professional purposes is becoming increasingly prevalent. Employees are often very casual about what they say and do online. Any business that does not have a solid contract, a sound social networking policy, or does not train its employees on the do's and don'ts of social networking may have a critical security gap in the protection of its trade secrets.

Departing employees sometimes access workplace computer systems to obtain information for purposes of using it in competition with their employer. Employers should exercise caution when undertaking such investigations to ensure they do not violate the Electronic Communications Privacy Act or the Stored Communications Act.

If you had dismissed Oracle's lawsuit against rival SAP as just one more squabble between giant IT competitors, you likely weren't alone. But on Tuesday, November 23, 2010, all that changed when a nothern California jury ordered SAP to pay Oracle a whopping $1.3 billion for theft of software and related documents.

Good mergers can turn bad without attention to employee retention -- be sure to carefully analyze the existence and enforcability of non-competes signed by key employees early in the process.

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