As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry about non-compete covenants in India by technology and corporate attorneys Sajai Singh and Soumya Patnaik of J. Sagar Associates in Bengaluru, India. Sajai serves as the President of ITechLaw, a leading technology law organization.  This entry is part
Continue Reading What You Need to Know About Non-Compete Covenants in India

By Robert Milligan and Joshua Salinas

Non-competition agreements executed in connection with the sale of a business are typically enforceable as a limited exception under Business and Professions Code section 16601 and applicable case authority to California’s general prohibition against non-competition agreements. A recent California Court of Appeal decision, however, further narrows this limited exception. 

In Fillpoint v. Maas,
Continue Reading California Court Of Appeal Finds That Non-Competition Agreement Contained In Employment Agreement Is Unenforceable Against Former Seller/Employee Even Though It Was Executed In Connection With The Sale Of A Business

The Virginia Supreme Court has complicated the valuation of lost goodwill damages in trade secrets matters in its June 7, 2012 decision in 21st Century Systems, Inc. v. Perot Systems Government Services, Inc., No. 110114. 

The matter arose from the departure of several employees from Perot Systems Government Services, Inc. (“Perot”), who subsequently joined a competitor company. Perot filed suit


Continue Reading Virginia Supreme Court Muddies Damages Valuation of Lost Goodwill In Trade Secret Matter

On March 21, 2012, in the case of Pyro Spectaculars, Inc. et al. v. Souza, Case No. 12-CV-00299-GGH, Magistrate Judge Gregory G. Hollows of the USDC for the Eastern District of California (Sacramento Division), issued an order preliminarily enjoining a former Account Executive for a pyrotechnics company from soliciting the customers of his former employer.  There are several notable


Continue Reading Fireworks Fly, California District Court Enjoins Former Pyrotechnics Company Employee From Soliciting Former Employer’s Customers

        Periodically, we see significant trade secrets issues arising in the franchise context. As counsel, we regularly advise clients on these issues. Given the significance of trade secrets in the franchise organization, we thought it might be helpful to get the perspective of the President of Franchise Opportunities Network, W.C. Garth Snider, on the role of trade secrets in the franchise


Continue Reading Protecting Goodwill: Advice for Franchisors and Franchisees

On July 28, 2010, Seyfarth Shaw will continue its webinar series on trade secrets, with a focus franchise and dealer relations.

The fourth webinar of the 2010 series will focus on how to protect trade secrets, trade dress/marks, and goodwill while maintaining and enhancing successful franchises and dealerships. These are often the core assets of a franchise or dealership, and


Continue Reading Franchise and Dealer Relations: Protecting Your Trade Secrets and Brand