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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 2011 developmentsheadlines in trade secret, computer fraud, and non-compete law
  • Seyfarth Shaw LLP
  • USA
  • January 17 2012

We have compiled a list of the top 2011 developmentsheadlines in trade secret, computer fraud, and non-compete law


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


California Appellate Court holds that non-compete restriction in stipulated injunction is enforceable because there was no showing that it was not necessary to protect trade secrets
  • Seyfarth Shaw LLP
  • USA
  • October 12 2012

A California Court of Appeal recently reversed a trial court ruling that found a stipulated injunction preventing the solicitation of customers was invalid and unenforceable under California Business & Professions Code section 16000


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


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


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


US Supreme Court strikes down Oklahoma Supreme Court decision and holds that arbitrator, rather than court, must determine the enforceability of non-compete agreements containing arbitration provisions
  • Seyfarth Shaw LLP
  • USA
  • December 5 2012

There are not many issues that the United States Supreme Court can unanimously resolve in five short pages


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


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