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Results: 1-10 of 34

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


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


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 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


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


Colorado Federal Court rules that former employer stated a claim against former executive and his new employer under the Computer Fraud and Abuse Act regardless of differing circuit interpretations of the act
  • Seyfarth Shaw LLP
  • USA
  • March 9 2012

In its order denying defendants’ motion to dismiss in SBM Site Services, LLC v. Garrett, et al., Case No. 10-cv-00385, a Colorado federal court identified a circuit split over the interpretation of “unauthorized access” under the Computer Fraud and Abuse Act and then found a former employer had stated a CFAA claim against a former executive and his new employer regardless of the different circuit interpretations based upon his post-termination computer activities


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


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


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


Minnesota district court dismisses Computer Fraud and Abuse Act claim brought against former employee based upon narrow interpretation of Act
  • Seyfarth Shaw LLP
  • USA
  • March 21 2012

In another decision that underscores the circuit split regarding the interpretation of the Computer Fraud and Abuse Act’s (CFAA) language on authorized access, the Honorable Judge David Doty of the United States District Court for the District of Minnesota has dismissed an employer’s claim that its former employees violated the Act