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The unemployment rate, mismatched skills, and ... non-competes?

Seyfarth Shaw LLP
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USA
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July 5 2011

A Robert Samuelson piece in the Washington Post on the mismatch between the skills of job seekers and the requirements for open positions may seem like an unlikely place to find an angle on non-compete restrictions

Georgia House of Representatives passes "fix" to Restrictive Covenant Act

Seyfarth Shaw LLP
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USA
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February 25 2011

As we have posted previously, there is some question regarding the effective date of Georgia's Restrictive Covenant Act, O.C.G.A. 13-8-50 et seq., the statute passed by the Georgia General Assembly in 2009 and authorized by passage of an enabling constitutional amendment in November 2010

Update on Georgia restrictive covenant cases

Seyfarth Shaw LLP
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USA
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August 5 2010

The Georgia Court of Appeals issued two decisions in July addressing restrictive covenants in Georgia

Inevitable disclosure of nooks and crannies

Seyfarth Shaw LLP
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USA
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February 1 2010

When explaining to lay people what we do, trade secret practitioners often use the classic examples of the formula for Coca-Cola or KFC's secret recipe of eleven herbs and spices

Trade secret claim wins out to protect software

Seyfarth Shaw LLP
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USA
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November 10 2009

In Coleman v. Retina Consultants, P.C., the Georgia Supreme Court reversed a trial court’s decision to enjoin a former employee based on his non-compete provision, but it upheld the injunction to the extent that it prevented the employee from using his former employer’s trade secrets

IBM v. Johnson: the Second Circuit weighs in

Seyfarth Shaw LLP
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USA
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October 28 2009

When we last wrote about IBM’s efforts to enjoin David Johnson, its former Vice President of Corporate Development, from joining Dell, Judge Stephen Robinson of the Southern District of New York had denied IBM’s second motion for preliminary injunction and the Second Circuit Court of Appeals was preparing to hold oral argument on the matter

Georgia Court of Appeals upholds non-compete provision against neurosurgeon

Seyfarth Shaw LLP
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USA
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October 12 2009

In Pittman v. Coosa Med. Group PC, the Georgia Court of Appeals upheld a trial court's decision to grant an interlocutory injunction enforcing a non-compete provision that prevented Dr. H. Harris Pittman from practicing neurosurgery within a 30-mile radius of CMG’s principal office in Rome, Georgia

Choose your restricted territory carefully

Seyfarth Shaw LLP
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USA
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August 27 2009

A recent trial court decision from Superior Court Judge Tommy Hankinson of the Griffin Judicial Circuit illustrates one of the many difficulties of enforcing a non-compete provision in Georgia

IBM v. Johnson: the saga continues

Seyfarth Shaw LLP
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USA
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August 18 2009

When we last wrote about IBM’s efforts to enjoin David Johnson, its former Vice President of Corporate Development, from joining Dell, Judge Stephen Robinson of the Southern District of New York had denied IBM’s Motion for Preliminary Injunction following a June 22, 2009 preliminary injunction hearing, and IBM had filed an interlocutory appeal

First Apple, now Dell: IBM pursues a departing executive

Seyfarth Shaw LLP
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USA
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July 13 2009

In the wake of its ultimately successful efforts to obtain an injunction against former executive Mark Papermaster following Papermaster’s move to Apple, IBM recently sought to enjoin David Johnson from joining Dell