Oklahoma recently passed a new law (Senate Bill 1031) that clarifies the enforceability of non-solicitation of employee covenants within the state. The new law attempts to resolve uncertainties that may have arisen about such restrictive covenants after the Oklahoma Supreme Court’s 2011 decision in Howard v. Nitro-Life Technologies, LLC.
In Howard, the Oklahoma Supreme Court found
Continue Reading New Oklahoma Law Clarifies Enforceability of Non-Solicitation of Employee Covenants
By Joshua Salinas and Jessica Mendelson
Think that patents, trademarks, and copyrights are the only intellectual property where reasonable royalties are available? Think again! On September 27, 2012, a district court for the Northern District of Oklahoma found “exceptional circumstances” existed to award a royalty injunction for the misappropriation of trade secrets. Skycam, LLC v. Bennett, No. 09-CV-294-GKF-FHM,
Continue Reading Royalties Awarded for Theft of Skycam Trade Secrets
The Oklahoma Supreme Court recenty held that noncompete agreements are reviewable by a court, even if the agreement contains an arbitration clause and there is no claim as to the validity or enforceability of the arbitration clause. The Howard ruling is consistent with prior rulings by the court that evidence a hostility to the U.S. Supreme Court’s
Continue Reading Oklahoma Supreme Court Nixes Overly Broad Non-Compete Agreement
The U.S. Court of Appeals for the Tenth Circuit recently held that a former employer’s price quotations to prospective customers were not trade secrets under Oklahoma law because they did not contain a confidentiality provision, but the former employee who took advantage of those quotations on behalf of his new employer did violate his non-compete covenant. Southwest Stainless, LP v.
Continue Reading Breach of Contract Claim May Succeed Where a Misappropriation Claim Fails