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Non-Compete and Trade Secrets Blog

Posts tagged Employee Privacy.

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court recently addressed this question and decided not to apply the “unclean hands” doctrine against the employer in a trade secrets case, clearing the way for the injunction.

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 ...

The New Jersey Supreme Court's decision in Stengart v. Loving Care was widely anticipated because it is common for employers to review their former employees' workplace computers to determine whether trade secrets have been taken, restrictive covenants have been breached, or whether statutes like the Computer Fraud & Abuse Act have been violated. The extent to which the decision will implicate these issues remains to be seen, but seems to be minimal.

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