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New Indiana Law Governs Physician Non-Compete Agreements

In the midst of the COVID-19 pandemic, Indiana has enacted a new law governing non-compete agreements used with physicians. Our Practice Group members in Indianapolis authored an article detailing the new law’s requirements.  As the article notes, the new law raises multiple unanswered questions. And, while not as sweeping as other statutes, Indiana now joins...… Continue Reading The post New Indiana Law Governs Physician Non-Compete Agreements appeared first on Non-Compete and Trade Secrets Report.
May 1, 2020

SCOTUS to Hear CFAA Case

It’s not often that a case in our practice area reaches the Supreme Court of the United States, so we are genuinely excited! In Van Buren v. United States, No. 19-783, the U.S. Supreme Court will have a chance to resolve (finally) the circuit split regarding the scope of the Computer Fraud and Abuse Act. ...… Continue Reading The post SCOTUS to Hear CFAA Case appeared first on Non-Compete and Trade Secrets Report.
April 27, 2020

Virginia Bans Non-Competes for Low(er)-Wage Workers

Is anyone focusing on anything other than the COVID-19 Pandemic?  Apparently, the Virginia legislature and governor are undeterred, enacting a series of new laws.  Among them, Virginia has banned non-compete agreements for lower wage earners, becoming the most recent state to do so.  A summary of the key provisions is included in this article written...… Continue Reading The post Virginia Bans Non-Competes for Low(er)-Wage Workers appeared first on Non-Compete and Trade Secrets Report.
April 16, 2020

Texas Court Rejects Effort To Dismiss Non-Compete Lawsuit On Free Speech Grounds

Texas courts are increasingly encountering efforts to challenge restrictive covenant agreements on free speech grounds, where the restricted activity includes business-related communications. A recent Texas appellate court decision indicates that this strategy has its limits. In Hieber v. Percheron Holdings, LLC, No. 14-19-00505-CV (Tex. App.—Houston [14th Dist.] Nov. 14, 2019), Percheron Holdings, LLC (“Percheron”) sued...… Continue Reading The post Texas Court Rejects Effort To Dismiss Non-Compete Lawsuit On Free Speech Grounds appeared first on Non-Compete and Trade Secrets Report.
February 5, 2020

Massachusetts High Court Upholds Enforcement of Employee Non-Solicitation Covenant

Over the past few years, legislators and government agencies at both the state and federal levels have pushed reforms limiting the use of non-competes and other restrictive covenants by U.S. businesses. Some of those efforts have extended to covenants that restrict a party’s ability to solicit and/or hire employees who are not party to the...… Continue Reading The post Massachusetts High Court Upholds Enforcement of Employee Non-Solicitation Covenant appeared first on Non-Compete and Trade Secrets Report.
January 24, 2020

Senate Committee Holds Hearing On Recently Proposed Federal Non-Compete Bans

On November 14, 2019, the U.S. Senate Committee on Small Business and Entrepreneurship held a hearing to examine recently proposed bills that would regulate non-compete agreements at the federal level. Discussion during the hearing indicates that it may have the necessary support to move forward. Pending Non-Compete Legislation On October 15, 2019, Senators Chris Murphy...… Continue Reading The post Senate Committee Holds Hearing On Recently Proposed Federal Non-Compete Bans appeared first on Non-Compete and Trade Secrets Report.
November 21, 2019

Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee

On August 26, 2019, the Delaware Chancery Court invalidated a California employee’s customer and employee non-solicitation covenant on the grounds that it violated California law. In doing so, the Court rejected the plaintiff company’s attempt to override California law by including a Delaware choice of law provision in the underlying agreement. Background We initially reported...… Continue Reading The post Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee appeared first on Non-Compete and Trade Secrets Report.
September 9, 2019

Virginia Attempts, Maryland Succeeds, in Limiting Non-Competes For Low-Wage Employees

In numerous states throughout the country, legislatures are moving to limit the use and enforcement of non-compete and other restrictive covenant agreements. Two such states, Maryland and Virginia, are seeking to curtail such agreements with regard to low-wage employees. Virginia Senate Bill 1387 On January 17, 2019, the Virginia Senate introduced SB 1387, which would...… Continue Reading The post Virginia Attempts, Maryland Succeeds, in Limiting Non-Competes For Low-Wage Employees appeared first on Non-Compete and Trade Secrets Report.
June 7, 2019

Trade Secrets – Courts Won’t Protect You If You Don’t Protect Yourself!

A decision from the Northern District of Illinois is the latest to reiterate a stern warning we have long highlighted for employers: when insufficient steps are taken by an employer to protect its own proprietary information, courts will not provide trade secret protection when such information is misappropriated. In Abrasic 90 Inc. v. Weldcote Metals,...… Continue Reading The post Trade Secrets – Courts Won’t Protect You If You Don’t Protect Yourself! appeared first on Non-Compete and Trade Secrets Report.
May 13, 2019

Washington Governor Signs Non-Compete Law

On May 8, 2019, Washington Governor Jay Inslee signed into law HB 1450, described as “AN ACT Relating to restraints, including noncompetition covenants, on persons engaging in lawful professions, trades, or businesses[.]”  While the Act does not take effect until January 1, 2020, its restrictions apply retroactively to existing agreements signed before that date. Our article...… Continue Reading The post Washington Governor Signs Non-Compete Law appeared first on Non-Compete and Trade Secrets Report.
May 9, 2019

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