Non-Compete and Trade Secrets | Fisher & Phillips LLP
News, commentary and legal updates from the attorneys in the Employee
Defection and Trade Secrets Practice Group at Fisher & Phillips.

CFAA Does Not Apply to Employee Data Theft According to Ninth Circuit

April 11, 2012 09:09
by Michael R. Greco
Computers are part of our daily lives. We use them for work and play. Sometimes we use them for play at work. If this violates a workplace policy, is it a federal crime?

Computer Fraud & Abuse Act

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What Does Obamacare Have to do with Non-Compete Agreements?

March 29, 2012 08:30
by Michael R. Greco
The manner in which courts treat overly broad non-compete agreements varies from state to state. A poorly worded severability clause can mean the difference between enforcement and invalidation of an agreement.

Non-Compete

Protocol for Broker Recruiting: 5 Things to Consider

March 19, 2012 12:32
by Susan M. Guerette
The Protocol for Broker Recruiting makes it easier and less expensive to hire representatives from competitor firms. However, firms need to beware of certain pitfalls which could eliminate the protection of the Protocol and subject the hiring firm and its new representative to costly and time-consuming litigation, injunctions and damages.

Non-Compete

Second Circuit Reverses Economic Espionage Conviction, Then Steps Back

February 29, 2012 12:24
by Brent A. Cossrow
The Second Circuit recently reversed the conviction of Sergey Aleynikov and directed the trial court to enter a judgment of acquittal. Then one day later, the Second Circuit took a step back...

Trade Secrets

5 Keys to Mediating Non-Compete and Trade Secret Disputes

February 21, 2012 09:54
by Michael R. Greco
Mediating a non-compete and trade secrets dispute is different than mediating general commercial disputes. This is particularly true early on in litigation because these cases are front loaded by nature and get expensive very quickly. Here are five things to keep in mind as you consider whether and when to mediate a non-compete and trade secrets case.

Non-Compete | Trade Secrets

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Ex Parte TRO's: Courts Don't Like Them

February 8, 2012 10:36
by Michael R. Greco
Every now and then, non-compete and trade secret plaintiffs conclude that the need for relief is so urgent that a temporary restraining order should be granted before the defendant is given notice of the suit. A recent federal court decision illustrates the danger is requesting such one-sided relief.

Non-Compete

Another Case to Watch in the Ongoing Debate Over the Computer Fraud & Abuse Act

January 26, 2012 12:58
by Brent A. Cossrow
Numerous courts have weighed in recently on whether the Computer Fraud & Abuse Act applies in the context of a faithless employee. One more court may be poised to do so.

Computer Fraud & Abuse Act

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Dispute Serves Up Lessons for Restaurateurs in Employee Defection and Trade Secrets

January 15, 2012 14:19
by Risa B. Boerner  & Brent A. Cossrow
A case pending in New York federal court provides a reminder of important lessons for professionals in the food services and restaurant industry regarding employee defection and trade secrets issues.

Non-Compete | Trade Secrets

Enjoining Nick Saban: Non-Compete Agreements and College Football Coaches

January 9, 2012 11:09
by Michael P. Elkon
Why don't college football coaches have non-competes?

Non-Compete

Twas the Night Before Christmas -- Non-Compete Style

December 12, 2011 08:00
by Michael R. Greco
Twas the night before Christmas, when all through the company;
A disgruntled employee kept saying “please jump with me.”
She was trying to line up a grand, mass departure;
Of which she was certain no one could outsmart her.

Do narrowly tailored non-competes favor or hinder fair competition?

Do narrowly tailored non-competes favor or hinder fair competition?


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