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Results: 1-10 of 32

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

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

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

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

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 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

Waiting on Nosal...combating data theft under the Computer Fraud and Abuse Act in the Ninth Circuit

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 20 2012

A recent California federal court decision has permitted an employer to pursue a former employee for alleged violations of the employer's computer usage policies under the Computer Fraud and Abuse Act (“CFAA”), while an en banc Ninth Circuit panel considers the validity of such claims

Colorado federal court decision in non-compete dispute demonstrates importance of drafting enforceable forum selection provisions in business transactions

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

As part of the process of acquiring of a business and retaining key employees of the acquired business, multiple agreements surrounding the parameters and contingencies of the transaction are often drafted, including asset purchase agreements and employment agreements

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

Missouri Supreme Court reaffirms that Missouri is a pro non-compete jurisdiction, enforcing non-competition and modified non-solicitation agreements against non-resident former security company employees

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

The Missouri Supreme Court recently issued a decision, Whelan Security Co. v. Kennebrew, et al., 2012 Mo. LEXIS 167, reaffirming Missouri as a pro non-compete jurisdiction for employers