The Delaware Supreme Court recently clarified that forfeiture-for-competition clauses under the Employee Choice Doctrine may be enforceable against a broader range of employees, including middle managers, not just senior-level executives or more highly compensated employees. These clauses require employees to forfeit certain benefits—such as stock options or severance pay—if they leave their employer and subsequently work for a competitor. Unlike
Continue Reading Freedom to Compete, But at a Cost: Delaware Signals Forfeiture Clauses Could Be a Viable Non-Compete AlternativeRestrictive Covenants
Seyfarth’s Kate Perrelli and Dallin Wilson Contribute to the Lexology Panoramic: Trade Secrets – USA In-Year Update
We are pleased to share the release of the Lexology Panoramic: Trade Secrets – USA In-Year Update, a go-to resource for navigating the evolving landscape of trade secret law in the United States.
This guide provides in-depth insights into:
2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings
In 2024, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our discussions encompassed a spectrum of critical topics:
- 2024 Trade Secrets & Non-Competes Year in Review
- Navigating the Intersection of Non-Compete Agreements and Employee Mobility
- Employee Training Programs: Building a Culture of Confidentiality
- Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook
- Deciphering the FTC’s Non-Compete Ban: Navigating the New Regulatory Terrain and Adequately Protecting Employers’ Interests
- Data Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age
- Unveiling Trade Secrets Breaches: Leveraging Forensic Exams for Robust IP Protection
- Enforcement Strategies Beyond Litigation: Leveraging Alternative Dispute Resolution
- Trade Secrets Audits: Assessing and Strengthening Your Company’s IP Protection
- What Employers Need to Know Regarding Non-Compete Changes in 2024
To conclude our impactful 2024 webinar series, we’ve carefully compiled key takeaways from each session. If you missed any sessions, recordings are available on our blog or through the provided links. We’re excited to share that Continuing Legal Education (CLE) credit is attainable by watching the webinar recordings. For CLE credit inquiries, please email cle@seyfarth.com after viewing the webinar.Continue Reading 2024 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings
FTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive
On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with residential building owners and building management companies, prohibiting the hire of Guardian’s employees.
Guardian, which operates in New York and New Jersey, was on the receiving end of a complaint…
Continue Reading FTC Cracks Down on Use of No-Hire Agreements As Anti-CompetitiveSeyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024
Seyfarth is proud to serve as a Silver Sponsor of the Trade Secrets Symposium 2024: Navigating the Law of Trade Secrets and Restrictive Covenants, presented by the New York City Bar Association. This two-day virtual event will take place on Monday, December 9, and Tuesday, December 10, 2024, from 9:00 a.m. to 1:25 p.m. (ET).
The Symposium offers a…
Continue Reading Seyfarth Sponsors and Shares Insights at Trade Secrets Symposium 2024FTC Amends Pre-Merger Notification Rules Affecting Use of Restrictive Covenants
As we previously reported, the Federal Trade Commission (“FTC”) announced that it is amending and reorganizing the document requirements for pre-merger notifications under the Hart Scott Rodino Act (“HSR Act”), 15 U.S.C. 18a, which also includes a requirement for buyers to indicate the existence of non-compete and non-solicit agreements among the businesses involved. The HSR Act and the associated…
Continue Reading FTC Amends Pre-Merger Notification Rules Affecting Use of Restrictive CovenantsDraftKings Obtains Restrictive Covenant and Trade Secret Injunction Against Former Executive
All bets are off in a Boston-based dispute between DraftKings Inc. and one of its former vice presidents. On April 30, 2024, the District of Massachusetts granted DraftKings a twelve-month preliminary injunction preventing its former Senior Vice President of Growth, Customer, Michael Hermalyn, from violating his restrictive covenants with DraftKings or misappropriating its confidential information.
Background
DraftKings is an online…
Continue Reading DraftKings Obtains Restrictive Covenant and Trade Secret Injunction Against Former ExecutiveWebinar Recap! Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook
We invite you to watch our webinar, the second installment of the Commercial Litigation Outlook series, titled “Navigating Legal Minefields: Insights on Restrictive Covenants, eDiscovery, and Privacy Compliance.” Our panel, consisting of Rebecca Woods, Dawn Mertineit, James Yu, Jason Priebe, and Matthew Christoff, dissected the ever-evolving world of non-competes and trade secrets.
Here are the key takeaways from the webinar:…
Continue Reading Webinar Recap! Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation OutlookWebinar Recap! Employee Training Programs: Building a Culture of Confidentiality
We invite you to watch our recent webinar, where Seyfarth Shaw LLP’s trade secret, computer fraud, and non-compete attorneys navigated the ever-evolving business landscape, safeguarding trade secrets has become a critical priority for organizations seeking resilience and success.
In this webinar, our trade secret presenters, Justin Beyer, Joshua Salinas, and Dallin Wilson, delved deeper into the intricacies of building a…
Continue Reading Webinar Recap! Employee Training Programs: Building a Culture of ConfidentialityNavigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook
Seyfarth proudly announced the annual installment of our Commercial Litigation Outlook and Webinar Series, featuring insights about litigation issues and trends to expect in 2024 from our nationally recognized team. The Trade Secrets practice group is pleased to present its 2024 outlook piece, “Guarding Secrets: Navigating the Shifting Landscape of Restrictive Covenants in 2024,” available here, along with a…
Continue Reading Navigating Legal Minefields: Insights from Seyfarth’s 2024 Commercial Litigation Outlook