Palmetto bought the assets of Knight Systems’ mortuary transport business. The agreement of purchase and sale included (a) Palmetto’s commitment to buy body bags, at specified discounted prices, exclusively from Knight Systems for 10 years, and (b) Knight Systems’ promise not to provide mortuary transport services within 150 miles of Palmetto’s offices for the same period. Notwithstanding the non-compete covenant, … Continue Reading
The Massachusetts legislature is back at it again — as the Boston Globe reports, the Joint Committee on Labor & Workforce Development has sponsored a compromise bill with the goal of limiting non-competes in the Commonwealth.
On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”), which Congress passed on April 27, 2016. With President Obama’s signature, the DTSA has now become the law of the land, and a federal civil remedy for trade secrets misappropriation now exists.
What does the passage of the DTSA mean for your company?
On Monday, May 16 … Continue Reading
Seyfarth Synopsis: A new federal civil cause of action is now available to trade secrets owners seeking to pursue claims of trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”). To take full advantage of the remedies provided under the DTSA, companies have an immediate obligation to provide certain disclosures in all non-disclosure agreements with employees, contractors, and consultants … Continue Reading
This Blog first addressed the threats drones pose to the protection of Trade Secrets in June of 2014. Since then, drones continue to proliferate at a dizzying pace. Everybody and their brother has one, and drones are becoming much more sophisticated and advanced.  The challenge is for the law to keep up with the technology, and so far, … Continue Reading
Seyfarth’s fourth installment, presented by Scott Humphrey, Marcus Mintz and Kristine Argentine, focused on trade secret and client relationship considerations in the banking and finance industry, with a particular focus on a … Continue Reading
Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of email. For convenience, employees often use one device for both personal and work-related communications, whether that device is employee-owned or … Continue Reading
The U.S. Department of Treasury recently released a study on the effect of non-compete agreements, taking a hard line with respect to their social and economic benefits and purported harms. Specifically, while the authors of the study acknowledge that in some cases non-compete agreements can promote innovation, they ultimately conclude that the potential harm of misuse by employers outweighs those … Continue Reading
Congress passed federal trade secrets legislation today. On April 4, 2016, the Senate passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, on April 20, 2016, the House Committee approved S. 1890 by voice vote. Today, the House passed the DTSA. President Obama has voiced his support for the DTSA, which indicates that he will … Continue Reading
The House is set to vote on the Defend Trade Secrets Act of 2016 (“DTSA”) in a matter of hours. Per the House schedule today, the House will meet at 10:00 a.m. Eastern for morning hour and 12:00 p.m. Eastern for legislative business. First votes are expected around 2:30-3:30 p.m. Eastern and last votes expected are expected around 4:45-5:45 p.m. … Continue Reading
On April 4, 2016, the Senate Judiciary Committee passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). On April 20, 2016, the House Judiciary Committee approved the Senate’s amended version of the bill, which will now be voted on the House floor tomorrow, April 27. The President has indicated that he will sign the DTSA.
We will be … Continue Reading
Recent National Labor Relations Board (NLRB) law in the area of employee handbooks and policies brings new challenges for employers as to how they can best protect their trade secrets and enforce restrictive covenants in their employment agreements without running afoul of the National Labor Relations Act.
On Tuesday, May 10 at 12:00 p.m. Central, Seyfarth attorneys Gary Glaser, James … Continue Reading
On April 4, 2016, the Senate Judiciary Committee passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, House Judiciary Committee Chairman Bob Goodlatte (R-VA) released a statement in which he applauded the Senate’s passage of the bill, noting that “trade secrets are an increasingly important form of intellectual property that have become more vulnerable to theft … Continue Reading
California, mecca of the film and media production industries in the U.S., is notorious for outlawing non-compete agreements. It is one of the few states that generally prohibits the unlawful restraint of one’s profession or business, with limited exceptions. (See … Continue Reading
Earlier today (by a vote of 503 to 131 with 18 abstentions), the European Parliament approved the text of a proposed Directive for the protection of trade secrets in the European Union. Once approved by the European Council (which is typically a formality), the Directive will be binding on all EU member states and will require member states to … Continue Reading
As we have previously reported in this blog, this week marks a milestone in ongoing attempts in the European Union to overhaul the existing regulatory framework for the protection of trade secrets. Earlier today, members of the European Parliament debated the compromise text of the proposed Directive to protect trade secrets. A full recording of the debate can be found … Continue Reading
As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Jeremy Morton, an English solicitor who advises in the areas of intellectual property and data protection law.
In Seyfarth’s third installment of its 2016 Trade Secrets Webinar series, Seyfarth attorneys Robert Milligan, Justin Beyer and Daniel Hart, provided attendees with a thorough discussion of the fundamentals … Continue Reading
On March 25, 2016, a Massachusetts Superior Court judge struck down skin care salon Elizabeth Grady Face First, Inc.’s (“Elizabeth Grady” or the “Company”) attempt to make its non-compete agreement seem prettier than it actually is. In denying Elizabeth Grady’s motion for a preliminary injunction, the court stressed that employees’ conventional job knowledge and skills, without more, will not constitute … Continue Reading
The U.S. Senate passed on a unanimous 87-0 vote the Defend Trade Secrets Act of 2016 late Monday.
The bill will create a civil cause of action in federal court for trade secret misappropriation and provide remedies that are not available in state court trade secret actions.
Like patents, trademarks, and copyrights, trade secret owners may seek redress for intellectual … Continue Reading
A recent verdict in the Superior Court of Fulton County, Georgia is an excellent reminder of the importance of conducting thorough discovery in unfair competition cases. Earlier this year, after a four day trial, a Georgia jury awarded telecom company Cost Management Group (“CMG”) $282,001 in damages, $300,000 in attorneys’ fees, and $200,000 in punitive damages, finding that CMG’s former … Continue Reading
The Senate Judiciary Committee recently released Senate Report 114-220 regarding the Defend Trade Secrets Act of 2016 (“DTSA”). A background on and recent developments of the DTSA are discussed more fully on our blog.
The Judiciary’s most recent report, authored by Senator Chuck Grassley (R-IA), recommended that the recently amended version of S. 1890 pass.
The Report was separated into … Continue Reading
Although an employer spent many hours assisting an employee to obtain a real estate appraiser’s license, the Tennessee Court of Appeals held recently that the employee’s restrictive covenants were unenforceable. Davis v. Johnstone Group, Inc., No. W2015-01884-COA-R3-CV (Mar. 9, 2016).
Summary of the case. The ex-employee, Davis, had no prior real estate appraisal experience in 1998 when he started … Continue Reading