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Fallout from Nosal verdict

Epstein Becker Green
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USA
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May 9 2013

Practitioners in the area of trade secret protection and employee mobility law are still trying to sort out the impact of a federal court jury

California non-solicits and overly expansive confidentiality agreements invite employer liability

Epstein Becker Green
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USA
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October 18 2011

In 2008, the California Supreme Court decided Edwards v. Arthur Anderson LLP, 44 Cal.4th 937 (2008) ("Edwards"), which signaled the death knell for customer non-solicits in California

Virginia Supreme Court overturns multi-million dollar "goodwill" damages award in trade secrets conspiracy case

Epstein Becker Green
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USA
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June 13 2012

One of the most elusive forms of damage that a company may suffer when its trade secrets are misappropriated or its former employees breach their post-employment restrictive covenants is the loss of goodwill

Contractual clause requiring return of confidential information at termination helps former employer obtain injunction on misappropriation claim

Epstein Becker Green
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USA
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January 3 2013

Trade secret misappropriation cases turn on details. Accordingly, it is always interesting to see the particular details which tilt a court's decision one

Federal court in Chicago refuses to issue injunction based upon either an "inevitable disclosure" claim or a 24-month non-compete with an "extremely broad" geographic scope

Epstein Becker Green
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USA
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January 10 2012

A federal judge in Chicago recently refused to issue an injunction based upon either the “inevitable disclosure” of trade secrets doctrine or a geographically broad, 24-month non-compete that did not have a narrowly drawn activity restriction

California Court of Appeal enforces stipulated injunction that restricts competition

Epstein Becker Green
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USA
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October 10 2012

Although the California courts have steadily eroded employers’ ability to contractually limit their former employees’ solicitation of their customers, a stipulated injunction limiting solicitation can still be enforced

Erroneous jury instructions cause Kansas Supreme Court to reverse jury verdict in trade secretrestrictive covenant case

Epstein Becker Green
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USA
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November 22 2011

The Supreme Court of Kansas recently issued an opinion in Wolfe Electric, Inc. v. Duckworth and Global Cooking Systems, LLC, No. 99,536 (Ka. Oct. 21, 2011), a trade secret misappropriation and restrictive covenant case brought by a manufacturer of conveyor pizza ovens, Wolfe Electric, against its former president, Duckworth, and his new conveyor pizza oven company, Global Cooking Systems

California Court of appeal underscores importance of proper identification of trade secrets in litigation

Epstein Becker Green
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USA
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November 9 2009

The recent case of Perlan Therapeutics v. Superior Court (California Ct App 11042009) serves as a reminder that when litigating, the definition of the trade secrets at issue is important

The "authorized access" issue under the Computer Fraud and Abuse Act

Epstein Becker Green
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USA
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June 2 2010

Earlier this year, Aon Risk Services Northeast Inc. (“Aon”) brought suit in the United States District Court for the Southern District of New York against Marsh USA Inc., Marsh & McLennan Companies, Inc. (together, “Marsh”), and three former employees

Brett Favre scandal raises issue of workplace protections for independent contractors

Epstein Becker Green
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USA
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October 22 2010

The Brett Favre sexting scandal raises, among other things, a relatively frequent issue that arises in employment discrimination and harassment cases: may an independent contractor invoke employment antidiscrimination statutes such as Title VII?

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