Searching Content indexed under Anti-trust/Competition Law by Littler Mendelson ordered by Published Date Descending.
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Unfair Competition: What Happened In 2018, And What's In Store For 2019
From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law.
United States
14 Feb 2019
Tectonic Shift Affecting Enforcement Of Noncompetition Agreements Emanates From The 2017 Nevada Legislative Session And Passage Of AB 276
During the 2017 Legislative Session, the Nevada Legislature passed AB 276, which was signed into law and made effective on June 3, 2017.
United States
29 Jun 2017
DOJ And FTC Release Antitrust Guidance For HR Professionals
In addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more than a passing familiarity with antitrust law.
United States
14 Nov 2016
Non-Competes To Stay In Massachusetts…For Now
This morning, Massachusetts woke up to what is becoming a regular occurrence: the legislature was unable to pass a bill limiting the use of non-competition agreements in the Commonwealth, although it...
United States
4 Aug 2016
"Reasonable" Data Security: The FTC's Guideposts For Employers
The ruling by an administrative judge that the FTC must testify about the data security standards it uses generated intense interest among data security professionals.
United States
10 Jun 2014
Connecticut Law Restricts The Use Of Non-Compete Agreements In Acquisitions And Mergers
On the final day of the most recent Connecticut legislative session, the General Assembly passed a bill titled "An Act Concerning Employer Use of Noncompete Agreements".
United States
5 Jul 2013
New Connecticut Law Restricts The Use Of Non-Compete Agreements In Acquisitions And Mergers
On the final day of the most recent Connecticut legislative session, the General Assembly passed a bill titled "An Act Concerning Employer Use of Noncompete Agreements".
United States
25 Jun 2013
Texas May Become 48th State To Adopt The Uniform Trade Secrets Act
Since being approved in 1979, the Uniform Trade Secrets Act has been adopted, in some form or fashion, by 47 states.
United States
21 Mar 2013
Federal Court Finds Choice Of Law That Permits Blue Penciling Does Not Violate Virginia Public Policy
Non-compete restrictions are creations of state law, which can sometimes vary on key aspects of contract formation, enforceability and the extent to which states will reform or "blue pencil" the language of the restrictions.
United States
29 Jan 2013
20-Year Worldwide Injunction Protecting Bullet-Proof Kevlar Trade Secrets Stayed Pending Appeal
The battle continues in the trade secret misappropriation dispute between DuPont Co. and competitor Kolon Industries over para-aramid fibers, often used to strengthen military or police gear.
United States
22 Oct 2012
Missouri: True Non-Competition Agreements Are Still Enforceable, But Solicitation Restrictions Must Be Limited To Existing Customers With Whom The Employee Dealt During Employment
The Missouri Supreme Court rarely entertains non-competition cases. In Health Care Services of the Ozarks, Inc. v. Copeland, 198 S.W.3d 604 (Mo. 2006), the court enforced a non-solicitation of customers and a true non-competition agreement.
United States
28 Aug 2012
Fourth Circuit Joins Courts Limiting Employers' Use Of The Computer Fraud And Abuse Act To Prosecute Disloyal Employees
The federal Computer Fraud and Abuse Act (CFAA) allows an employer to bring a civil action against an employee who accesses the employer's computers "without authorization".
United States
8 Aug 2012
New Jersey Trade Secrets Act Signed Into Law
On January 9, 2012, New Jersey Governor Chris Christie signed into law the New Jersey Trade Secrets Act, which establishes principles governing protection of trade secrets and remedies for their misappropriation.
United States
25 Jan 2012
A California Federal Court Reinvigorates The Growing Tension Over The Preemptive Scope Of California's Uniform Trade Secrets Act
In the latest twist in the developing law regarding the preemptive scope of California's Uniform Trade Secrets Act (UTSA) a California federal court in Amron International Diving Supply, Inc. v. Hydrolinx Diving Communication, Inc. ("Amron") recently issued a decision reinvigorating the growing tension between courts addressing the issue of UTSA preemption – a tension that, unfortunately, is likely to continue into the foreseeable future.
United States
17 Nov 2011
California California Supreme Court Rejects Employees Right to Sue for Misappropriated Tips But An Unfair Competition Law Cause of Action Remains August 2010
On August 8, 2010, the California Supreme Court, in Lu v. Hawaiian Gardens Casino, No. S171442, decided that employees do not have a private right of action under Labor Code section 351 to pursue remedies for misappropriated tips.
United States
20 Aug 2010
Dowell v. Biosense Webster, Inc.: Overly Broad Restrictive Covenants And Questionable Litigation Choices Make For Difficult Outcomes
Continuing the recent flurry of decisions refining the edges of California's general prohibition against post-employment covenants not to compete, the Court of Appeal for the Second District of California issued its opinion in Dean Dowell v. Biosense Webster, Inc., 2009 Cal. App. LEXIS 1860 ("Biosense").
United States
4 Jan 2010
Tightened Federal Pleading Rules Take Effect: Three Months After The U.S. Supreme Court´s Iqbal Decision
In Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), a case that initially garnered little attention when it was decided, the United States Supreme Court, emphasized and elaborated on the "plausibility" standard first injected into Rule 8 of the Federal Rules of Civil Procedure two years earlier in Bell Atlantic Corp. v. Twombly an antitrust case.
United States
19 Aug 2009
Colorado Court Provides Guidance On Enforceability Of Covenants Not To Compete Against "Management Personnel"
In Colorado, covenants not to compete are void unless they fall within one of four statutorily defined exceptions.
United States
6 Jul 2009
Another Step Forward In The Enforcement Of Noncompetes
The Texas Supreme Court in Frankfort Mann Stein & Lipp Advisors, Inc. v. Fielding has further clarified the circumstances in which noncompete contracts with at-will employees will be enforced that was first announced by the same court in Sheshunoff Management Services, L.P. v. Johnson.
United States
29 Apr 2009
The Mixed Bag Of “Edwards v. Arthur Anderson”: Narrow Restraints In Non-Competition Agreements Are Not Allowed, Indemnity Rights Are Unwaivable, But Broad Releases Of "Any And All Claims" Are Valid
The California Supreme Court's recent opinion in “Edwards v. Arthur Andersen L.L.P.”, S147190 (Aug. 7, 2008), is a turning point for two distinct bodies of law surrounding the validity of post-employment restrictions, such as covenants not to compete, and the validity of broad, employment-related releases in light of nonwaivable statutory rights.
United States
20 Aug 2008
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