In recent years, the National Labor Relations Board has increased its scrutiny of various employer practices, including those of non-unionized employers. Among the areas of scrutiny have been non-disclosure of confidential information provisions, which the NLRB has ruled can be in violation of Section 7 of the National Labor Relations Act, specifically the provision that protects employees' rights to engage in concerted activities for the ...
It is becoming increasingly common for issues to arise relating to employer vs. employee ownership of a social media account and the names, addresses, etc. that go along with that account. Business-related social media accounts typically contain useful information developed over the course of employment that can give a departing employee a head start in competition with an ex-employer. While there has been a lot of litigation about these issues ...
One question that often arises in the trade secret practice is what information, if any, can be protectable as confidential information even if it does not qualify under state law as a trade secret. In other words, what is the value of having a non-disclosure of confidential information provision in an agreement? What does that type of provision do that statutory or common law trade secret protections don't already provide?
A recent case from the 6th Circuit ...
This post discusses how to protect your company’s trade secrets so that in the event of employee misappropriation, you will be in the best possible position to succeed in litigation. This post provides guidance on how to implement a proactive corporate program to protect trade secrets from improper and unauthorized access or disclosure, and discusses the forensic steps you can take to catch an employee stealing your company’s trade secrets.
Every day businesses across the country merge and consolidate their operations. If your business acquires or merges with another business, consider these issues when drafting the agreements to make sure that you will get the benefit of your bargain.
A case pending in New York federal court provides a reminder of important lessons for professionals in the food services and restaurant industry regarding employee defection and trade secrets issues.
Why don't college football coaches have non-competes?
After surveying federal case law from around the country, the New Jersey Supreme Court recently adopted a "totality of the circumstances test" to be used to determine whether an employee has engaged in misconduct by taking confidential documents to support a discrimination claim.
The criminal prosecution recently began of Sergey Aleynikov, a former Goldman Sachs computer programmer accused of stealing the computer code underlying Goldman’s high-frequency trading programs. When Aleynikov was taken into custody by the FBI, he reportedly said he did not intend to take any proprietary code. Rather, he intended to take only open source code. What’s the difference and what indispensible lesson should companies take away?
Given the state of the economy, employers are more conscious than ever of the need to protect trade secrets and customer relationships when an employee leaves, especially when the departing employee is opening a competitive company or joining a competitive firm. Employers often neglect, however, to take advantage of a very simple, but extremely important, tool in dealing with departing employees: the exit interview.