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Clifford R. AtlasBlog Posts

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A Protocol On Life Support – Financial Industry Assesses The Aftermath Of Major Defections From Broker Recruitment Pact

In the fourth quarter of 2017, two major financial firms dropped out of an industry-wide Protocol for Broker Recruiting (the “Protocol”), an agreement designed to reduce litigation surrounding the movement of stockbrokers between competing firms. While those departures do not necessarily seal the fate of the Protocol, they do portend an increase in litigation to...… Continue Reading The post A Protocol On Life Support – Financial Industry Assesses The Aftermath Of Major Defections From Broker Recruitment Pact appeared first on Non-Compete and Trade Secrets Report.
January 22, 2018

In The Weeds: A Close Inspection Of The Massachusetts Legislature’s Garden Leave Push

The Massachusetts Legislature has spent the past several years seeking to regulate the use of restrictive covenant agreements in the Commonwealth. Despite repeatedly falling short in that initiative, the 2017 legislative session strongly signaled the Legislature’s enduring interest in this subject by introducing a whopping eight new competing bills. In an article posted on our...… Continue Reading The post In The Weeds: A Close Inspection Of The Massachusetts Legislature’s Garden Leave Push appeared first on Non-Compete and Trade Secrets Report.
December 28, 2017

New Jersey Bill Would Limit Non-Compete Agreements

A bill in the New Jersey Senate, Senate Bill 3518 (“SB 3518”), and an identical companion bill in the New Jersey Assembly (Assembly Bill 5261), would significantly curtail the use of non-compete agreements in New Jersey.  In an article posted on our website, Cliff Atlas, Kevin Miller and Colin Thakkar analyze SB 3518 and pose...… Continue Reading The post New Jersey Bill Would Limit Non-Compete Agreements appeared first on Non-Compete and Trade Secrets Report.
December 6, 2017

SCOTUS Declines To Review Password Sharing Prosecution Under Computer Fraud and Abuse Act

Our Workplace Privacy, E-Communication and Data Security Practice Group recently posted this article regarding the United States Supreme Court’s denial of certiorari in Nosal v. Unites States, 16-1344.  This Blog previously posted articles about the Nosal case, which can be found here and here. In the Nosal case, the individual defendant was criminally prosecuted under the Computer...… Continue Reading The post SCOTUS Declines To Review Password Sharing Prosecution Under Computer Fraud and Abuse Act appeared first on Non-Compete and Trade Secrets Report.
November 23, 2017

Federal Court Warns Companies – If You Don’t Protect Your Trade Secrets, Neither Will We

In 2016 Congress passed the Defend Trade Secrets Act, creating a federal cause of action for the theft of trade secrets. For a plaintiff attempting to prove that the information at issue is a trade secret, there is a tendency to focus only on the information itself, rather than the manner in which the plaintiff...… Continue Reading The post Federal Court Warns Companies – If You Don’t Protect Your Trade Secrets, Neither Will We appeared first on Non-Compete and Trade Secrets Report.
October 13, 2017

Nevada’s All-New Non-Compete Statute

Once again, Nevada has re-written the landscape the law regarding enforcement of post-employment non-competition agreements.  Please see the article posted on our website, written by Elayna J. Youchah and Joshua A. Sliker of our Las Vegas office.  They analyze Assembly Bill 276, amending Chapter 613 of the Nevada Revised Statutes, signed into law by Governor Brian...… Continue Reading The post Nevada’s All-New Non-Compete Statute appeared first on Non-Compete and Trade Secrets Report.
June 30, 2017

White House Continues Attack on Non-Compete Agreements

The assault on non-compete agreements has continued in a significant way, as outlined in our web article, White House Continues Attack on Non-Compete Agreements.  The latest White House document, coupled with prior reports from the White House and Treasury Department, as well as actions initiated by the Attorney General of New York and the Attorney … Continue Reading The post White House Continues Attack on Non-Compete Agreements appeared first on Non-Compete and Trade Secrets Report.
November 2, 2016

Non-Solicitation Agreement Enforced in Wisconsin

There are so many stories about restrictive covenants being unenforceable in Wisconsin that it is refreshing to see a case where a restrictive covenant is enforced – especially at the preliminary injunction stage.   This week, the U.S. District Court for the Eastern District of Wisconsin granted a preliminary injunction in favor of BMO Harris Bank, … Continue Reading The post Non-Solicitation Agreement Enforced in Wisconsin appeared first on Non-Compete and Trade Secrets Report.
October 26, 2016

Illinois Statute Bars Non-Competes For Low-Wage Workers

Illinois has a new non-compete statute that bans the use of non-compete agreements with “low-wage” employees. Peter Bulmer in our Chicago office has written this article on the Jackson Lewis website analyzing the new law, which takes effect January 1, 2017, and explaining the context which led to its enactment:  Illinois Freedom to Work Act: One … Continue Reading The post Illinois Statute Bars Non-Competes For Low-Wage Workers appeared first on Non-Compete and Trade Secrets Report.
August 25, 2016

Wisconsin Court Finds Anti-Poaching Agreements to be Unenforceable

For all the court decisions out there interpreting non-competition restrictions and customer or client restrictions, case law regarding non-solicitation of employees restrictions can be a little hard to find. At the link below is a report about a new decision from the Wisconsin Court of Appeals — written by our colleague in Madison, Sharon Mollman Elliott … Continue Reading The post Wisconsin Court Finds Anti-Poaching Agreements to be Unenforceable appeared first on Non-Compete and Trade Secrets Report.
August 19, 2016

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