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.

FAQ's on FINRA's Broker Compensation Proposal

April 1, 2014 20:22
by Michael R. Greco
On March 10, 2014, FINRA filed proposed Rule 2243 with the SEC. The proposed rule would require firms and registered reps to disclose certain financial incentives offered to reps in connection with a change in employment and would require firms to report information concerning the same subject to FINRA.

Unfair Competition/Employee Raiding


Opinion: Bad Facts Make Bad Law, Especially in Non-Compete Cases

February 12, 2014 08:30
by Michael R. Greco
Should non-competes that preclude an employee from working for a competitor "in any capacity" be unenforceable in all circumstances?


There Must be Proof in That Trade Secret Pudding

February 7, 2014 13:28
by Michael R. Greco
A federal court recently dismiss a trade secret case because the plaintiff failed to allege more than a possibility that the defendant was using its trade secrets. To learn more about what level of proof is required to assert a trade secret claim, read on...


Sometimes Noteworthy Non-Compete Decisions Have No Non-Competes

February 3, 2014 18:46
by Michael R. Greco
Sometimes the most useful law in a non-compete case can come from court decisions that have nothing to do with non-competes. Read on for more about adhesion contracts and forum selection clauses.

Non-Compete | Trade Secrets

Send a non-compete demand letter – buy yourself a lawsuit?

January 27, 2014 08:29
by Michael R. Greco
If an employers sends a demand letter outlining the non-compete obligations of its former employee, and the new employers fires the employee, will the former employer be liable for tortious interference? Read on to see what one federal court recently concluded.


Twas the Night Before Christmas -- Non-Compete Style

December 18, 2013 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.

Implementing a Trade Secrets Protection Program

November 2, 2013 12:21
by Michael R. Greco
This post discusses how to protect your company’s trade secrets so that in the event of employee misappropriation, you will be in the best possible position to succeed in litigation. This post provides guidance on how to implement a proactive corporate program to protect trade secrets from improper and unauthorized access or disclosure, and discusses the forensic steps you can take to catch an employee stealing your company’s trade secrets.

Non-Compete | Trade Secrets

Excuse Me Judge, Could I Be Heard On That?

October 24, 2013 11:25
by Michael R. Greco
Judges have discretion to decide motions for TROs and preliminary injunctions on the papers. But when should they hold a hearing?

Employees: Don't Play Cute With Non-Solicitation Obligations!!

October 7, 2013 11:55
by Michael R. Greco
In a recent decision, the U.S. Court of Appeals for the First Circuit explained that explained that employers have a right to enforce valid non-solicitation agreements, and “[t]hat right cannot be thwarted by easy evasions, such as piquing customers' curiosity and inciting them to make the initial contact with the employee's new firm.”

Non-Compete | Non-Compete

When Coaches Can't Compete -- Non-Competes in Sports

September 30, 2013 08:00
by Gregory D. Hanscom
In the lucrative world of big time college football, universities continually try to gain an edge over the competition by, among other things, luring top notch coaches with generous multi-million dollar contracts. The University of Arkansas has taken a new tack -- non-competes.


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

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

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