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Non-Compete and Trade Secrets Blog

Posts tagged Nonsolicitation Agreements.

Corporate espionage is a real threat that could be perpetrated by any employee or other insider at any time. How do you spot the red flags in real time before the damage is done? It's not a perfect science, but here are some tips that can help prevent unethical employees from taking the fruits of your intellectual capital and unfairly diverting business away.

Last week, the Attorney General of Illinois filed suit against Check Into Cash, LLC, alleging that the payday lender required its low-wage customer service employees to agree to illegal non-compete agreements in violation of Illinois law.  The lawsuit is another example of the Attorney General’s fight against illegal non-competes and marks the first time the Attorney General has brought a claim under the Illinois Freedom to Work Act, 820 ILCS 90/1.

Did an employee violate the terms of her non-solicitation agreement when she used LinkedIn to advertise her new employer’s services? A Minnesota decision helps define the parameters of prohibited solicitation in the social media context.

Courts are increasingly asked to examine the scope and enforceability of non-solicitation agreements in the age of social networking. With employees using LinkedIn and other websites to stay in touch with current and former colleagues, a recent Illinois appellate court decision helps shed some light on the types of communications that may or may not constitute a breach of a valid non-solicitation agreement.

The 8th Circuit recently decided a case under Iowa law determining that a noncompete with an independent contractor was unenforceable. The noncompete was not per se unenforceable but ultimately determined unenforceable following a fact-intensive analysis finding it to be unreasonable.

Employers who operate in a multi-state environment that seek to enforce restrictive covenants across state lines face numerous challenges in attempting to comply with the law of various jurisdictions and protecting their interests. Choice-of-law and choice-of-forum issues often times prove to be outcome determinative.

The question of whether referral sources constitute legitimate, protectable business interests under Florida's Covenants Against Unfair Competition statute, Fla. Stat. § 542.335 (2014), is likely heading to the Florida Supreme Court to be decided, following two conflicting decisions by separate appellate courts as 2015 came to a close.

In a decision released December 31, 2015, Florida's Fifth District Court of Appeal ruled that referral ...

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.

Judges have discretion to decide motions for TROs and preliminary injunctions on the papers. But when should they hold a hearing?

In a recent decision, the U.S. Court of Appeals for the 1st Circuit explained that explained that employers have a right to enforce valid non-solicitation agreements, and “[t]hat right cannot be thwarted by easy evasions, such as piquing customers' curiosity and inciting them to make the initial contact with the employee's new firm.”

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