non-compete update for 2022

Wednesday, December 21, 2022
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

REGISTER HERE

In the final installment of our 2022 Trade Secrets Webinar Series, our team will focus on new legislation and the enforcement of non-competes. Any company that seeks to use non-compete

Continue Reading Upcoming Webinar! Overview of Non-Compete Legislation and Enforcement Issues from 2022

The District of Massachusetts recently held that garden leave payments, whereby a former employee subject to a restrictive covenant is paid by the former employer for the duration of the restrictive period, do not constitute “wages” under the Massachusetts Wage Act.

Continue Reading Federal Court Determines that Garden Leave Payments Under Massachusetts Non-Compete Law Are Not Wages, Limiting Former Employees’ Leverage Under Wage Act

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022-2023 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia.

For the company executive, in-house counsel, or HR professional, we hope this guide will provide a starting

Continue Reading Now Available! 2022-2023 Edition of 50 State Non-Compete Desktop Reference

On Wednesday, November 30 at 1 p.m. Eastern, Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes practice—is presenting the “Negotiating Enforceable Noncompetition and Nonsolicitation Agreements: Compliance with State Statutes and Case Law” webinar for Strafford.

The experienced panel will discuss current legislative and case law trends regarding noncompetition and nonsolicitation agreements, provide best practices

Continue Reading Robert Milligan to Present Webinar on Non-Compete Enforceability for Strafford

Many restrictive covenant agreements rely on various abbreviations to streamline the contractual language, including most notably the use of “Company” as a stand-in for the employer’s name. Additionally, these agreements often state that they inure to the benefit of the employer’s parent, subsidiaries, and other affiliates. However, a recent case in federal court demonstrates the importance of carefully defining terms to best protect the employer’s legitimate business interests.

Continue Reading “What’s in a Name?” A Shortened Restrictive Covenant Duration, Perhaps

In Seyfarth’s seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth partners Jeremy Cohen and Kevin Mahoney focused on trade secret and client relationship considerations in the banking and financial services industry.

As a conclusion to this webinar, we compiled a summary of takeaways:

  • When it comes to protecting your secrets, “an ounce of prevention is worth a pound
Continue Reading Webinar Recap! Protecting Confidential Information and Client Relationships in the Financial Services Industry

Cases don’t try very often. Doubly so in trade secret/non-compete litigation. So many of these disputes get resolved at the injunctive relief phase of the proceeding that, when one goes the distance, it is almost always worth peeking under the hood.

In MWK Recruiting, Inc. v. Jowers, No. 1:18-cv-444-RP (W.D. Tex.), a federal district court judge recently entered a judgment for $3.6 million—before fees and costs—against a former external law firm recruiter. The facts are not complex. A recruiter left his employer and joined a competitor. But before the recruiter left his former employer, he began using his personal email for candidate submissions and allegedly laundered six lateral candidates through the founder of his new employer. His former employer sued him and alleged that he misappropriated trade secrets and breached non-compete and non-solicitation covenants in his employment agreement. At trial, the district judge found in the plaintiff/employer’s favor on both claims and entered a $3.6 million damages award, with about $500,000 awarded under the misappropriation claim and $3 million under the breach of contract claim.

Continue Reading Lessons from a Staffing Misappropriation and Non-Compete Trial

Join us for a Seyfarth & Association of Corporate Counsel Southern California in-person event for in-house counsel!

REGISTER HERE

seyfarth and ACC socal event

Wednesday, November 16, 2022
Registration: 3:00 p.m. to 3:30 p.m.
Program: 3:30 p.m. to 4:30 p.m.
Reception: 4:30 p.m. to 5:30 p.m.

Location
Seyfarth Shaw LLP – Century City
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021

About the

Continue Reading The Art of Performance Management, Employee Discipline, and Employee Separations

M&A attorneys representing buyers, and their private equity and strategic clients, have long felt comfortable that the courts would uphold restrictive covenants in an acquisition. Even if the restrictive covenant at hand was perhaps somewhat broader than necessary, buyers and their counsel believed that the courts would judiciously apply their “blue pencil” to reform an overbroad covenant to make it enforceable. They also believed that by picking Delaware law and Delaware courts to hear any dispute, their restrictive covenants would be upheld by a court that has a well-deserved reputation for enforcing contracts.

Continue Reading A Delaware Surprise: Busting the Limits of Enforceability of Non-Competes in an M&A Transaction under Delaware Law

webinar - financial services industry trade secrets

Wednesday, November 16, 2022
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

REGISTER HERE

In the seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth attorneys will focus on trade secret and client relationship considerations in the banking and financial services industry.

Seyfarth

Continue Reading Upcoming Webinar! Protecting Confidential Information and Client Relationships in the Financial Services Industry