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Results: 1-10 of 32

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

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

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

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 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

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

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

Big brother can’t ask for access to your “personal” social media accounts either.more social media legislation proposed in California

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

Recently, we blogged about the passage of California Assembly Bill 1844, which regulates employers’ ability to demand access to employees’ or prospective hires’ personal social media accounts

Nevada Supreme Court rules that restrictive employment agreements acquired through mergers are not subject to Nevada's strict assignment rule

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • July 2 2009

In a decision that encourages cost efficient corporate mergers in Nevada, the Nevada Supreme Court in HD Supply Facilities Maintenance v. Bymoan, 2009 WL 1635924 (June 11, 2009) recently ruled in an en banc decision that restrictive employment agreements acquired through corporate mergers do not require a showing that the agreements’ assignment provisions were negotiated at arm’s length or are supported by separate consideration

Federal district court grants motion to stay in non-compete matter

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 11 2009

A federal district court in Oregon recently granted a motion to stay in a dual-state non-compete matter based on the first-to-file rule, even though the two cases were filed only a few hours apart