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Results: 1-10 of 77

Non-solicitation covenant that is silent as to its scope may be unenforceable

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 18 2015

An employment agreement covenant prohibiting solicitation of co-employees, but not indicating what solicitations were prohibited, has been held to be

Pleading former employer’s breach of employment contract: affirmative defense or counterclaim to suit for violating non-compete and non-solicitation covenants?

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • June 11 2013

Affirmative defenses and compulsory counterclaims. In many instances, the consideration for an ex-employee's non-compete and non-solicitation

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

Jury’s $920 million trade secret misappropriation verdict vacated

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 9 2014

In a stunning per curiam ruling, the Fourth Circuit Court of Appeals last week vacated a judgment of nearly $1 billion, and a 20-year non-compete

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

“Gist of the action” doctrine may require dismissal of tort claims based on breach of restrictive covenants in employment agreement

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

Pursuant to the “Gist of the Action” doctrine, tort claims may be dismissed if they are “intertwined with,” and not just “collateral to,” contract claims in the same complaint

Non-compete and non-solicitation covenants contained in bovine artificial insemination employment agreements held unenforceable

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 28 2014

Several ex-employees now may compete with their former employer, and may solicit its employees and customers, after a federal judge in the Eastern

Appellate court holds that non-compete agreement assigned pursuant to bankruptcy court order is enforceable by assignee

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • January 20 2015

Courts are divided on the enforceability by an assignee of a non-compete covenant relating to personal services where the covenant does not state

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

Employment agreement mandating arbitration with exclusion to seek equitable relief from court for non-compete violations found unconscionable

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • July 29 2013

Tatum, an employee of ProBuild, purportedly blew the whistle on her subordinate for allegedly stealing from ProBuild. Shortly thereafter, she was