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Results: 1-10 of 32

Kentucky appellate court affirms authority of Kentucky courts to modify overly broad non-competition agreements in the employment context and sets forth “guiding principles” for future non-compete cases

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • September 6 2012

In a recent opinion, Creech, Inc. v. Brown, the Kentucky Court of Appeals both affirmed the ability of Kentucky courts to modify overly broad non-competition agreements in the employment context and laid out a six-part framework that trial courts may follow when analyzing the reasonableness and enforceability of non-competition agreements

Computer Fraud and Abuse Act circuit split remains unresolved: United States Supreme Court challenge dismissed

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • January 7 2013

The parties in the WEC Carolina Energy Solutions LLC v. Miller matter recently agreed to dismiss the petition for writ of certiorari filed with the United

California federal court boots employee’s challenge of his non-compete because of Pennsylvania forum selection provision

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

In a recent order, a federal court in the Northern District of California weighed in on the validity of a forum selection clause contained in an employment agreement in connection with a California employee’s declaratory relief action to invalidate his non-compete provision with his former employer

Top 10 developmentsheadlines in trade secret, computer fraud, and non-compete law in 2012

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 31 2012

As part of our annual tradition, here is our list of the top 10 developmentsheadlines in trade secret, computer fraud, and non-compete law for 2012

Employers' obligation to defend and indemnify rogue employees in California?

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 14 2011

On October 12, 2011, the California Court of Appeal in Nicholas Laboratories, LLC v. Christopher Chen, No. G044105, 2011 WL 4823329 (Cal. Ct. App. Oct. 12, 2011), held that Labor Code section 2802 does not require an employer to reimburse its employee for attorney fees incurred in the employee’s successful defense of the employer’s action against the employee

Pennsylvania federal court dismisses employee’s Computer Fraud and Abuse Act claim based upon employer’s alleged improprer access of LinkedIn account: no cognizable damages

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

Ownership of company social media accounts has recently become a hot topic in the legal industry, and with its decision in Eagle v. Morgan this past week, the Eastern District of Pennsylvania has added fuel to the fire

Federal Court requires foreign resident to litigate non-compete dispute in Missouri based upon Forum Selection Clause

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 26 2013

It's 8,242.7 miles or a 17 hour flight between the Philippines and Missouri. Nobody would dispute that this is a significant distance, but as far the

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

Ninth Circuit en banc panel tells employers that Computer Fraud and Abuse Act is only to combat hacking, not employee trade secret misappropriation: United States Supreme Court may need to resolve circuit split

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 10 2012

On Tuesday, April 10, 2012, a Ninth Circuit en banc panel released its highly anticipated decision in United States v. Nosal and affirmed the judgment of the district court dismissing criminal counts against a former employee of a headhunter firm accused of violating the Computer Fraud and Abuse Act, 18 U.S.C. 1030 et seq. by conspiring with employees of the former employer to log on to the employer's confidential database and send proprietary files to a competitor

California court rules that non-competition agreement contained in employment agreement is unenforceable against former seller even though it was executed in connection with the sale of a business

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 29 2012

Noncompetition agreements executed in connection with the sale of a business are typically enforceable as a limited exception under Business and Professions Code section 16601 and applicable case authority to Californias general prohibition against noncompetition agreements