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Results: 1-10 of 10

High-tech employers dodge class certification in anti-solicitation antitrust case

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 10 2013

Although concluding that Comcast Corp. v. Behrend, No. 11-864, 2013 U.S. LEXIS 2544 (U.S. Mar. 27, 2013), did not require plaintiffs to prove

Individual arbitration of FLSA claims and the effective vindication doctrine

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 14 2013

What does an antitrust case have to do with wage and hour litigation? Usually, not much, but a case argued before the Supreme Court two weeks ago is

The next big SCOTUS Rule 23 ruling?

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 30 2012

The next “big one” for the U.S. Supreme Court to address under Rule 23 is in Comcast Corp. v. Behrend where the issue is whether a class may be certified without resolving whether plaintiff has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis

Plaintiffs' "no poaching" antitrust class action claims survive motion to dismiss

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 27 2012

Antitrust claims are not unknown or uncommon anymore for employers

Sale of business "good will" and subsequent competition with purchaser may subject seller to perpetual restrictions on contacting former customers and clients

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 12 2012

A recent Second Circuit Court of Appeals decision provides guidance regarding New York law concerning permissible and impermissible competitive conduct by the seller of a business, including its “good will,” who -- without giving a non-compete covenant -- thereafter goes into competition with the purchaser

Oregon federal court permits declaratory relief suit to proceed in race to judgment non-compete dispute

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 13 2012

In light of Valentine’s Day, a blog involving two competitors specializing in heart rhythm therapy seems fitting

Second Circuit holds that denial of motion to amend class certification order does not constitute an order for purposes of interlocutory appeal of class certification under Rule 23(f)

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • May 6 2011

On May 3, 2011, the Second Circuit issued an important opinion in Fleischman, et al. v. Albany Medical Ctr., et al., No. 10-0846 (2d Cir. May 3, 2011), denying a petition for interlocutory appeal of a district court’s denial of a motion to amend a class certification order because the petition was untimely pursuant to Rule 23(f

Jury must decide whether a manufacturing process that is disclosed in an expired patent and is not concealed from visitors to the plant constitutes a trade secret

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 21 2011

When a defendant, sued by a former employer for misappropriating a manufacturing process that allegedly constituted a trade secret, denies that the process is confidential and files a counterclaim alleging that the plaintiff is engaged in sham litigation in order to stifle competition, is it appropriate for the court to instruct the jury that the evidence shows plaintiff does not have a valid trade secret?

Nurse wage decision highlights risks of sharing wage information

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 3 2010

On July 22, 2010, the United States District Court for the Northern District of New York issued a decision that is important to employers

New York federal court rejects attempt to recast state-law trade secrets and unfair competition claims as federal antitrust claims

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 9 2009

In a decision that should be considerable reassurance to employers in general and law firms in particular, a district judge in New York has rejected an antitrust claim brought by a consulting firm against its former employer, an attorney who returned to his former law firm