shutterstock_136762520Hawaii joined the small list of states that prohibit certain non-compete agreements with employees.

On June 26, 2015, Hawaii’s governor David Ige signed Act 158 which voids any “noncompete clause or a nonsolicit clause in any employment contract relating to an employee of a technology business.”

The Act defines “technology business” as one that “derives the majority of its gross
Continue Reading Hawaii Bans Non-Compete and Non-Solicit Agreements with Technology Workers

shutterstock_192971546Three very recent decisions reflect the irreconcilable division of judicial authority regarding the adequacy of at-will employment as the sole consideration for an otherwise valid non-compete.  Compare (a) Standard Register Co. v. Keala, No. 14-00291 (D. Haw., June 8, 2015) (adequate under Hawaii law) (“majority rule”), with (b) Hunn v. Dan Wilson Homes, Inc., Nos. 13-11297
Continue Reading Is An Offer Of At-Will Employment Adequate Consideration For A Non-Compete? Recent Court Rulings Split Three Ways

Can Oregon employers bring conversion claims against employees who misappropriate confidential information without having their claims preempted by the state’s Uniform Trade Secrets Act? According to a recent Oregon federal district court opinion, the answer is “yes”; however, in several other states, the answer is “no”.

This result highlights the continued divergence of opinion across the nation

Continue Reading Conversion Claim for Theft of Confidential Information Not Preempted By Trade Secrets Act

By Robert Milligan and Grace Chuchla

Ahhh, Hawaii. Crystal clear water, pristine beaches, warm weather – it’s the perfect place to relax and enjoy some sun. Well, that is, it’s the perfect place to relax until you disclose your trade secrets to a third party contractor who then allegedly breaks its business relationship with you and goes on to allegedly
Continue Reading Trouble in Paradise? Trade Secret Theft Alleged in Hawaii Surrounding Zipline Technology