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Choose your restricted territory carefully

Seyfarth Shaw LLP
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USA
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August 27 2009

A recent trial court decision from Superior Court Judge Tommy Hankinson of the Griffin Judicial Circuit illustrates one of the many difficulties of enforcing a non-compete provision in Georgia

Update on developments in IBM v. Papermaster "inevitable disclosure" case

Seyfarth Shaw LLP
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USA
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January 21 2009

As readers of our previous posts may recall, in November 2008, Judge Kenneth Karas of the Southern District of New York granted IBM’s motion to preliminarily enjoin one of its former high-level employees, Mark D. Papermaster, from working for Apple

IBM and Mark Papermaster resolve their dispute

Seyfarth Shaw LLP
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USA
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January 27 2009

Apple issued a press release today stating that the litigation between IBM and former IBM executive Mark Papermaster has been resolved and that Papermaster will commence employment with Apple on April 24, 2009

Tennessee Court of Appeals reverses dismissal of former employer's complaint alleging violations of non-compete agreement

Seyfarth Shaw LLP
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USA
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February 3 2009

In Southern Fire Analysis v. Rambo, No. M2008-00056-COA-R3-CV, 2009 WL 161088 (Tenn. Ct. App. Jan. 22, 2009), the Tennessee Court of Appeals reversed a trial court’s dismissal of a complaint alleging violations of three non-compete agreements

California Court of Appeal decision throws specific performance to the wind for California businesses intending to use trade secrets as a basis to enforce covenants not to compete

Seyfarth Shaw LLP
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USA
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September 1 2009

On August 20, 2009, the California Court of Appeal for the Fourth Appellate District issued an order certifying publication of its decision in The Retirement Group v. Galante, No. D054207, 2009 WL 2332008 (Cal. App. 4th July 30, 2009

Court holds that high tech company must allow employees one day off per week

Seyfarth Shaw LLP
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USA
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March 17 2008

A recent decision from the Superior Court gives a very broad interpretation to a rarely addressed Massachusetts statute that requires some employers to provide their employees with one day of rest in every seven days

Wage Act claim by employee misclassified as an independent contractor dismissed due to lack of damages

Seyfarth Shaw LLP
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USA
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March 17 2008

Compliance with the Massachusetts Wage Act like its federal counterpart, the Fair Labor Standards Act presents a special challenge for employers

Employers must prove hardship in religious accommodation cases

Seyfarth Shaw LLP
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USA
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March 17 2008

In Massachusetts Bay Transportation Authority v. Massachusetts Commission Against Discrimination, the Massachusetts Supreme Judicial Court confirmed that it is not enough for an employer to claim undue hardship in order to avoid an obligation to provide a religious accommodation to an employee; rather, it must proffer evidence to demonstrate such hardship

Employees must arbitrate discrimination claims only if arbitration agreement states clear intention

Seyfarth Shaw LLP
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USA
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September 22 2009

In Warfield v. Beth Israel Deaconess Medical Center, Inc., the Massachusetts Supreme Judicial Court (SJC) held that an employment contract purporting to waive or limit an employee’s rights under the Massachusetts anti-discrimination statute is enforceable only if the intent to do so is stated in “clear and unmistakable terms.”

SJC holds anti-discrimination policy trumps deference to labor arbitrators’ decisions

Seyfarth Shaw LLP
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USA
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September 22 2009

In Massachusetts Bay Transportation Authority (MBTA) v. Boston Carmen’s Union, Local 589, the SJC reviewed two separate arbitration awards and held that a public employer may act contrary to the terms of a collective bargaining agreement (CBA) in order to remedy illegal discrimination

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