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Results: 1-10 of 71

“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

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

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

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

Employees strike back against former employer for alleged bogus claim of trade secret misappropriation

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • June 3 2014

A state court issued a preliminary injunction for alleged trade secret misappropriation, but the enjoined parties successfully used post-injunction

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

Texas and North Carolina appellate courts repulse efforts to enforce restrictive covenants

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 26 2014

In two unrelated cases decided earlier this month, employers failed in their attempts to enjoin former employees from competing. The Texas First

Ohio Supreme Court reverses course in important non-compete decision

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

The Supreme Court of Ohio yesterday issued its decision on a motion to reconsider the Court’s opinion announced May 25, 2012 regarding an important non-compete issue

California federal court allows non-signatory to arbitration agreement to compel arbitration in trade secrets dispute

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 25 2013

A federal district court in the Northern District of California recently found that a non-signatory to an arbitration agreement may enforce that