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Fox Rothschild LLP | USA | 27 Jan 2013

When is an employer's breach of contract a defense to a non-compete agreement?

Florida Statutes section 542.335(1) sets forth the parameters for enforcement of a non-compete agreement in Florida. Supinski v. Omni Healthcare, P.A


Fox Rothschild LLP | USA | 9 Jan 2013

New rules for picketing in California

California retail businesses must once again accept unions picketing and demonstrating on their private walkways and outside their store entrances


Fox Rothschild LLP | USA | 17 Dec 2012

Web firm settles claims over ‘surreptitious’ internet tracking

A San Francisco federal judge has approved a settlement in a class-action lawsuit that enjoins a Web analytics company from hacking users’ computer software and browser tools to track their Internet activity without their knowledge.


Fox Rothschild LLP | USA | 1 Dec 2012

Court refuses to enjoin application of Affordable Care Act's contraceptives rule

We now have a serious split of authority with respect to the women's preventive care services mandate set forth in the Patient Protection and Affordable Care Act (“ACA”).


Fox Rothschild LLP | USA | 29 Nov 2012

Pizza system deemed not a trade secret

Franchisor, Little Caesar Enterprises, Inc., recently lost a motion for a temporary restraining order preliminary injunction against a former franchisee after the District Court of South Dakota found that it was unlikely to succeed on its claim that the system for producing "Hot-N-Ready" Pizzas was a "trade secret" under the South Dakota Trade Secrets Act.


Fox Rothschild LLP | USA | 25 Nov 2012

Common defenses to enforcement of a non-compete agreement in Florida

In prior posts, I addressed how employers can enforce non-compete agreements in order to protect legitimate business interests.


Fox Rothschild LLP | USA | 11 Nov 2012

How do Florida courts protect "goodwill" through non-compete agreements?

Florida Statute section 542.335(1)(b) provides a nonexclusive list of "legitimate business interests" that are protected under non-compete agreements.


Fox Rothschild LLP | USA | 26 Oct 2012

Personnel and pay records: when and what to provide (AB 2674)

A former employee, or her attorney, sends you a letter demanding copies of the employee’s personnel file and pay records.


Fox Rothschild LLP | USA | 22 Oct 2012

Appeals court slams trial judge for not issuing injunction against egregious sexual harasser

Title VII is what is known as a “make whole” statute.


Fox Rothschild LLP | USA | 13 Oct 2012

Judge Stark denies patent owner's motion to hold defendant in contempt of court's prior permanent injunction order

By Memorandum Opinion entered by The Honorable Leonard P. Stark in nCube Corporation (now Arris Group, Inc.) v. SeaChange International Inc., C.A. No. 01-011-LPS (D.Del., October 9, 2012), the Court denied the motion of Plaintiff Arris Group, Inc. (“Arris”) seeking to hold Defendant SeaChange International Inc. (“SeaChange”) in contempt of the permanent injunction order entered by the Court in 2006 after Arris obtained a jury verdict in its favor that SeaChange had willfully infringed the asserted claims of its patent - U.S. Patent No. 5,805,804 (“the ‘804 patent”).

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