In recent weeks, courts almost routinely have been denying preliminary injunctive relief in cases alleging violation of non-compete and similar employment agreements. Three examples: Burleigh v. Center Point Contractors, 2015 Ark. App. 615 (Oct. 28, 2015); Evans v. Generic Solution Engineering, LLC, Case No. 5D15-578 (Fla. App., Oct. 30, 2015); and Great Lakes Home Health Services Inc. v.
Continue Reading Trend In The Courts: It’s Getting Harder To Obtain Preliminary Injunctions In Restrictive Covenant Cases
Court Refuses To Enforce Settlement Agreement Containing Non-Compete Covenant Citing Lack of Assent
Plaintiff’s motion to enforce a settlement agreement in principle was denied because some material terms of that agreement were not included in the version the plaintiff sought to enforce. GeoLogic Computer Sys., Inc. v. MacLean, Case No. 10-13569 (D. Mich., Dec. 10, 2014).
Status of the case. Counsel for the parties to a software copyright infringement lawsuit purportedly reached
Continue Reading Court Refuses To Enforce Settlement Agreement Containing Non-Compete Covenant Citing Lack of Assent
Non-Compete And Confidentiality Clauses In A Beverage Maker’s Contracts With A Bottler And A Consultant Held To Be Unenforceable
Courts will decline to enforce contractual restrictive covenants in agreements that unreasonably restrain trade or lack adequate consideration.
Summary of the Case
Innovation Ventures (IV), developer of an energy drink, entered into contracts with a bottler and with a production consultant. Both contracts contained non-compete and confidentiality clauses. Shortly after the bottler’s and consultant’s business relationships with IV ended, IV
Continue Reading Non-Compete And Confidentiality Clauses In A Beverage Maker’s Contracts With A Bottler And A Consultant Held To Be Unenforceable
Global Business 101: Hire Your Competitor as a “Consultant”
Why spend millions of dollars employing a bunch of bright, talented employees to develop your business when you can just hire a worker from your rival to steal all their research? As on every test you took in school, isn’t getting the right answer more important than figuring out how to solve the problem?
Competition for business is fierce. Small
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Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2013
By Robert Milligan and Joshua Salinas
As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all
Continue Reading Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2013
Employers Take Note: Michigan Adopts Social Media Privacy Legislation
By Jessica Mendelson and Robert Milligan
The Michigan Legislature recently passed the Internet Privacy Protection Act (“IPPA”), otherwise known as House Bill 5523. On December 28, 2012, Michigan Governor Rick Snyder signed the IPPA, making Michigan the fourth state to enact a social media privacy law regulating employers. In explaining the reasoning behind the law, Governor Snyder stated, “Cyber security
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Facebook Fans For Piggy Paint Not A Business Expectancy, Michigan Federal Court Dismisses Tortious Interference Claims for Facebook Page Takedown
On August 9, 2012, a district court for the Western District of Michigan dismissed counterclaims of tortious interference with a business expectancy and conversion brought after the removal of a company’s Facebook page and the alleged loss of its more than 19,000 “fans.” (Lown Companies LLC v. Piggy Paint LLC, No. 11-cv–911 (W.D. Mich., Aug. 9, 2012)) .
Continue Reading Facebook Fans For Piggy Paint Not A Business Expectancy, Michigan Federal Court Dismisses Tortious Interference Claims for Facebook Page Takedown
Another Michigan Federal Court Adopts Narrow Interpretation of Civil Liability Under Computer Fraud and Abuse Act
A U.S. District Court in Michigan recently granted partial summary judgment in favor of two individuals who were sued by their former employer, Dana Ltd., for violating the Computer Fraud and Abuse Act, 18 U.S.C. §1030 et seq.
The individuals admitted that, prior to their departure from Dana but after accepting employment with a competitor, they accessed and copied
Michigan Court Orders Corporation to Reveal Facts Regarding Potential Misappropriation
Entities do not have the right to claim a privilege against self-incrimination. Accordingly, even though agents of a corporation may refuse, based on the Fifth Amendment, to comply with a court order requiring the individuals to submit an affidavit stating whether their principal has ever possessed specified products that allegedly embody purloined trade secrets, the corporation itself must abide by the