Touzot was an employee of ROM, a seller of products used in making balsa wood model planes and boats. His employment agreement included a post-termination customer non-solicitation covenant. After he left ROM, he became a competitor. The company sued him and his Ecuadorian supplier of balsa wood, which previously had been ROM’s supplier, alleging that
Monitoring Employee Communications: A Brave New World
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
U.S. Treasury Department Suggests That Non-Compete Reform is Necessary
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
The Legality of Tracking Employees By GPS
Over the past several years, technology has dramatically increased employee accountability in the workplace. For example, in an office environment, employees are expected to respond to emails immediately because they are either sitting in front of their computers or carrying a mobile device on which they can access their email. As for
Five Easy Tips for Improving Your Company’s Non-Compete and Confidentiality Agreements and Related Practices Now
As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to immediately improve your company’s practices and add immediate value to your company. The opportunity lies in improving your company’s restrictive covenant and confidentiality agreements and confidentiality policies. Below are five
Charities Take Note: Ninth Circuit Reaffirms CA Attorney General’s Entitlement to Sensitive Donor List
With an apparent thumbs up from the U.S. Supreme Court, the Ninth Circuit Court of Appeals[1] once again upheld the position of the California Attorney General (AG) requiring that charities located or operating in California must provide a copy of their unredacted Form 990 Schedule B, including the names, addresses and contribution amounts for
Upcoming Webinar: 2015 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete and Computer Fraud Law
On Friday, January 29, 2016 at 12:00 p.m. Central, Seyfarth attorneys Michael Wexler, Robert Milligan and Joshua Salinas will present the first installment of the 2016 Trade Secrets Webinar series. The presenters will review noteworthy cases and other legal developments from across the nation this past year in the areas of trade secrets and data
Drafting and Litigating Post-Employment Restrictive Covenants in Australia – Tailoring Your Restraint to Ensure the Right Fit
By Michael Tamvakologos and Justine Giuliani
We will now look at the different types of post-employment restrictive covenants, and work through a checklist of questions employers should ask themselves when drafting a restraint to make sure it’s the right fit.
A good restraint is not about creating the ultimate “catch all” provision. Rather, it requires
Leveraging Employment Restraints to Protect Business Assets
When a key employee subject to an employment restraint leaves a business to join a competitor, fast decisions need to be made to protect client goodwill or guard against misuse of confidential information.
The more leverage an employer has against the former employee and his or her new employer, the better the prospects of negotiating
Best Practices Shared in Seyfarth Shaw’s 2015 Trade Secrets Webinar Series Year in Review
Throughout 2015, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing area of law. The series consisted of nine webinars:
- 2014 National Year in Review: What You Need to Know About the Recent Cases/Developments in