Search

Search form

Joseph E. SchulerBlog Posts

See all

  • D.C. Non-Compete Ban Applicability Date Postponed to October 1, 2022

    As reported in a web article prepared by our D.C. colleagues Matt Nieman, Joe Schuler, Caroline Cheng, and Alyssa Testo, found here, the District of Columbia Council again has deferred the “applicability date” of the D.C. Non-Compete Ban, this time to October 1, 2022. We previously reported about this law, and the first deferral of...
    March 25, 2022
  • D.C. Budget Bill Includes April 1, 2022 Applicability Date for Non-Compete Ban

    The District of Columbia passed one of the nation’s most stringent regulations on covenants not to compete earlier this year. Except in very limited circumstances, the law states employers may not require or request employees sign an agreement that includes a non-compete provision, and employers cannot have a workplace policy that prohibits an employee from...… Continue Reading The post D.C. Budget Bill Includes April 1, 2022 Applicability Date for Non-Compete Ban appeared first on Restrictive Covenant Report.
    July 26, 2021
  • Virginia Uniform Trade Secrets Act Prohibits Improper Acquisition of Trade Secrets, Regardless of Subsequent Use

    Misappropriation of trade secrets claims can sometimes be difficult to sustain. While evidence of the taking of a trade secret may be available, evidence of its subsequent use may not.  In Integrated Global Services, Inc. v. Michael Mayo, Case No. 3:17cv563, by decision issued on September 13, 2017, the federal court for the Eastern District of...… Continue Reading The post Virginia Uniform Trade Secrets Act Prohibits Improper Acquisition of Trade Secrets, Regardless of Subsequent Use appeared first on Non-Compete and Trade Secrets Report.
    October 13, 2017
  • CFTC Has Banner Year For Enforcement Actions in FY2016

    The U.S. Commodity Futures Trading Commission (CFTC) recently released its enforcement results for fiscal year 2016.  In FY 2016, the CFTC filed 68 enforcement actions and obtained restitution, disgorgement and penalty orders totaling approximately $1.29 billion.  The CFTC collected and deposited at the U.S. Treasury over $484 million in civil monetary penalties, nearly double the … Continue Reading
    February 3, 2017
  • Marginal Discovery Disallowed Because It Was Not Proportional To The Needs Of The Case

    Under a ruling issued by a federal district court in Arizona (In re Bard IVC Filters Prods. Liab. Litig., 2016 BL 306366, D. Ariz., No. MDL 15-02641-PHX DGC, 9/16/16), the new Federal Rules for discovery allowed the defendant to avoid producing electronically-stored foreign communications in multidistrict litigation over allegedly faulty medical devices. The decision is notable … Continue Reading
    October 3, 2016
  • Fourth Circuit Upholds Sarbanes-Oxley Whistleblower Retaliation Finding and Substantial Monetary Award

    On May 20, 2015, a split Fourth Circuit panel ruled Deltek, Inc., a Virginia-based software and information services provider, must pay a terminated whistleblower four years of front wages and thirty thousand dollars ($30,000) in college tuition. In doing so, two thirds of the panel affirmed the U.S. Department of Labor’s Administrative Review Board’s determination … Continue Reading
    June 17, 2016