Legislators in the Commonwealth of Virginia, the site of Patrick Henry’s infamous “Give me liberty, or give me death” speech, have enacted legislation that gives more liberty to low-wage workers looking to leave for greener pastures, joining the ranks of many other states that have passed similar restrictions (stay tuned for a post soon on Indiana’s own recently passed non-compete legislation application to physicians). While the new law was passed quietly, it’s not particularly surprising that the Commonwealth sought to join the trend of restricting non-competes for low earners (see for example similar efforts in DC, Maryland, Maine, New Hampshire, Washington, and Massachusetts)—especially in light of the COVID-19 pandemic that is sending unemployment rates soaring.
Continue Reading “Give Me Liberty”: Virginia Legislature Passes Law to Exempt Low-Wage Workers from Employment Restrictions
U.S. Senators Request Review of Non-Compete Agreements by the Government Accountability Office
On March 7, 2019, a group of six United States senators from both sides of the aisle submitted a letter to the Government Accountability Office (GAO) requesting a federal investigation into the use of non-compete agreements on the basis that their widening use in recent years raises concerns about their negative impact on both workers and the national economy. Specifically, the letter asks the GAO to assess the following three questions:
- What is known about the prevalence of non-compete agreements in particular fields, including low-wage occupations?
- What is known about the effects of non-compete agreements on the workforce and the economy, including employment, wages and benefits, innovation, and entrepreneurship?
- What steps have selected states taken to limit the use of these agreements, and what is known about the effect these actions have had on employees and employers?
Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2017/2018
Continuing our annual tradition, we present the top developments/headlines for 2017/2018 in trade secret, computer fraud, and non-compete law.
1. Notable Defend Trade Secrets Act Developments
Just two years after its enactment, the Defend Trade Secrets Act (“DTSA”) continues to be one of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for trade secret theft, protections for whistleblowers, and new remedies (e.g., ex parte seizure of property), that were not previously available under state trade secret laws.
Continue Reading Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2017/2018
Don’t Tweet On Me! Montana and Virginia Become Latest States to Pass Social Media Privacy Legislation
By Adam Vergne and Chuck Walters
Following a national trend, Montana and Virginia have become the nineteenth and twentieth states to enact laws restricting employer access to the social media accounts of applicants and employees.[1]
Virginia’s law, which takes effect on July 1, 2015, prohibits requesting (or requiring) the disclosure of usernames and/or passwords to an individual’s social media
Continue Reading Don’t Tweet On Me! Montana and Virginia Become Latest States to Pass Social Media Privacy Legislation
Hiring Employees with Non-Compete Agreements: Tread Lightly
Excited about the prospect of a talented new hire and think that her non-compete doesn’t affect you? Think again. Under Virginia law, a future employer, who is aware of a prospective employee’s non-compete agreement, risks legal liability for tortious interference of contract and, through that, business conspiracy.
In DePuy Synthes Sales, Inc. v. Jones, 2014 WL 1165852 (E.D. Va.
Continue Reading Hiring Employees with Non-Compete Agreements: Tread Lightly
Virginia Supreme Court Rules Enforceability of Non-Competes Cannot Be Determined in a Factual Vacuum
A recent Supreme Court of Virginia decision will make it more difficult to challenge non-compete restrictions through early pleading challenges.
In Assurance Data, Inc. v. Malyevac, the Supreme Court of Virginia reversed the Circuit Court of Fairfax County, which sustained a demurrer, and, in doing so, determined the enforceability of certain restraints on competition contained in an employment
Continue Reading Virginia Supreme Court Rules Enforceability of Non-Competes Cannot Be Determined in a Factual Vacuum
Federal Court Rules Trade Secret Misappropriation Sufficiently Alleged Based on Improper Acquisition, Even in Absence of Use or Disclosure
The United States District Court for the Eastern District of Virginia recently denied a motion to dismiss a counterclaim for violation of Virginia’s Uniform Trade Secrets Act (“VUTSA”), holding that the counterclaim sufficiently alleged trade secret misappropriation based on improper acquisition of a trade secret, even in the absence of allegations of use or disclosure.
Factual allegations:
Plaintiff Jacqueline
Continue Reading Federal Court Rules Trade Secret Misappropriation Sufficiently Alleged Based on Improper Acquisition, Even in Absence of Use or Disclosure
Virginia Federal Court Dismisses Trade Secrets Misappropriation Claim Based on Power Brokering and Tax Expertise
On May 30, 2013, a federal judge in Virginia dismissed a tax consultant’s trade secrets misappropriation claim against its telecomm customers, ruling that the consultant’s alleged relationships with tax authorities, tax-law ‘accounting system,’ and its ability to negotiate property tax discounts do not constitute statutory trade secrets. Cablecom Tax Services, Inc. v. Shenandoah Telecomms. Co. et al., No. 5:12-cv-69-MFU-JGW
Continue Reading Virginia Federal Court Dismisses Trade Secrets Misappropriation Claim Based on Power Brokering and Tax Expertise
Virginia Federal Court Finds For Employer on Fidicuary Duty Claim Against Former Employee
A Virginia federal court district court recently issued a significant decision awarding lost profits to an aggrieved employer for breach of fiduciary duty by a former employee. The Court found that the ex-employee was not able to deduct his services for the company as an expense against the damages award. Further, the Court found that the employer’s
Continue Reading Virginia Federal Court Finds For Employer on Fidicuary Duty Claim Against Former Employee
Extraordinary 20-Year Global Injunction For “Bulletproof” Trade Secrets Theft
We previously blogged in our 2011 year end review about a noteworthy trade secret misappropriation case where DuPont Co. successfully obtained a jury verdict of approximately $920 million in damages against rival Kolon Industries Inc. DuPont sued Kolon for the alleged theft of trade secrets regarding a proprietary fiber used to make “bulletproof” police and riot gear.
Yesterday, U.S. District
Continue Reading Extraordinary 20-Year Global Injunction For “Bulletproof” Trade Secrets Theft