We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 70

Breach of contract claim may succeed where a misappropriation claim fails

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • September 28 2009

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

Employer fires CEO and then obtains TRO enjoining him from breaching his non-disclosure, non-compete agreement

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 21 2010

Dakota Beef, a South Dakota processor and seller of organic beef products, hired Scott Lively in 2006 to be its CEO

New Hampshire court voids non-compete clause in independent contractor agreement

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 21 2013

A recent New Hampshire decision serves as a reminder that courts may treat non-compete provisions differently in the context of independent

Utah appellate court holds that "confidential" price list is not a trade secret but a contract bid could be, and Uniform Trade Secrets Act preempts common law claims based on misusing confidential information not a "trade secret"

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 21 2012

In a recent, lengthy decision involving allegations of deceitful acts and unfair competition, the Utah Court of Appeals largely affirmed the lower court’s grant of summary judgment to the defendants with respect to a complaint alleging misappropriation of proprietary data and related conduct

Massachusetts court rules that Facebook posting of new job does not violate non-competition covenant

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 1 2012

A hair salon’s motion for entry of a preliminary injunction against a stylist was denied even though she had signed non-competition, non-solicitation and confidentiality agreements with the salon, and immediately after leaving her prior employment she was employed by a nearby competitor, a fact noted on her Facebook page. Invidia LLC v Difonzo, Case No. MICV20123798H (Middlesex Mass. County Super. Court, Oct. 22, 2012

Illinois Appellate Court says legitimate business interest not necessary to enforce a covenant not to compete

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 5 2009

In a landmark decision just issued, the Illinois Appellate Court, Fourth District, ruled that an ex-employer seeking to enforce a covenant not to compete against former sales personnel need only show that the time and territory restrictions are reasonable and need not prove, in addition, that there is a sufficient legitimate business interest in enforcement

Texas federal courts reach differing conclusions on granting injunctive relief on close to expiring or expired non-competes: some courts elect to equitably extend covenants

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 19 2012

Travelhost, Inc., produces magazines and other publications designed to help travelers

Arizona federal court issues significant Computer Fraud and Abuse Act and trade secret preemption decision

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

According to a recent Arizona federal court decision, (a) an employee who had the right to access his employer’s confidential emails did not violate the federal Computer Fraud and Access Act (CFAA), 18 U.S.C. 1030, by downloading 300 such documents to his personal computer and sharing them with a recently terminated employee; (b) an employer may pursue either a misappropriation claim under the Arizona Uniform Trade Secrets Act (AUTSA), or statutorily pre-empted causes of action based on the same facts; and (c) a rule to show cause is appropriate where the defendants violated a 48-hour deadline to return the employer’s confidential documents

Federal Appellate Court lacks jurisdiction to hear appeal of expired non-compete preliminary injunction

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 2 2013

The Eleventh Circuit recently dismissed an appeal of a preliminary injunction order on the grounds that the appeal was moot because the injunction

No damages? Illinois federal court tosses Computer Fraud and Abuse Act claim alleging hacking of law firm network

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • May 13 2013

An Illinois federal court recently found in the favor of the defendant on a plaintiff's Computer Fraud and Abuse Act claim because the plaintiff