Recent Blog Posts
- Tenth Circuit Holds That Irreparable Harm Cannot Be Presumed for Trade Secret Injunction In First Western Capital Management Co. v. Malamed, Case Nos. 16-1434, 16-1465 & 16-1502 (10th Cir. Oct. 30, 2017), the Tenth Circuit Court of Appeals held that a district court erred in issuing a preliminary injunction to a party under federal and state trade secret law where the court presumed that the party would be irreparably harmed absent the injunction.
Ordinarily, in order to obtain a preliminary injunction, a moving party needs to establish, among other things, that it will suffer... More
- 2017 Year in Review: Trade Secrets and Non-Compete Developments Webinar Epstein Becker Green attorneys Peter A. Steinmeyer, Robert D. Goldstein, and Brian E. Spang are pleased to be presenting 2017 Year in Review: Trade Secrets and Non-Compete Developments webinar on Wednesday, December 6, 2017 from 1:00 p.m. — 2:15 p.m. with Practical Law.
This webinar will provide insights into recent developments and expected trends in the evolving legal landscape of trade secrets and non-competition agreements. This webinar will focus on how to navigate this continually developing area and effectively protect client relationships... More
- Another Chapter in the Battle Against Non-Competes for Low Wage Workers in Illinois Earlier this week, Illinois Attorney General Lisa Madigan sued payday loan company Check Into Cash of Illinois, LLC for allegedly requiring that all of its employees in Illinois, regardless of position or pay, sign a standard non-compete agreement which broadly limits their employment mobility for one year post-termination.
According to the Complaint, Check Into Cash’s standard non-compete agreement effectively precludes employment with any entity that offers any “consumer lending service,” regardless of whether the entity is an actual competitor; it applies... More
- New York District Court Denies Preliminary Injunction Motion Sought Under the Defend Trade Secrets Act Plaintiff Art & Cook, Inc., a cookware and kitchenware company, brought suit in New York federal court against a former salesperson, Abraham Haber, when a search of his work computer revealed that he had emailed to his personal email account two categories of documents alleged by Art & Cook to be trade secrets: (i) its customer contact lists and (ii) its designs and branding/marketing strategies. Although the court already had issued a temporary restraining order, in Art & Cook, Inc.... More
- Model Cyber Security Law Pending Final Action By National Association of Insurance Commissioners It is highly likely that the National Association of Insurance Commissioners (“NAIC”) will adopt a model data cyber security law premised largely on the New York State Department of Financial Services (“NYSDFS”) cyber security regulations. Recently, we discussed the NYSDFS’ proposed extension of its cyber security regulations to credit reporting agencies in the wake of the Equifax breach. New York Governor Andrew Cuomo has announced, “The Equifax breach was a wakeup call and with this action New York is raising the bar for consumer protections that... More
- Referral Sources Held to Be Protectable Legitimate Business Interests The Florida Supreme Court ruled last week that referral sources in the home healthcare industry can be protected legitimate business interests under the state law governing non-compete agreements, thus finding enforceable such a restriction on a former marketing employee who left for a competitor.
Although the Florida statute in question (542.335) does not specifically list “referral sources” as one of the five categories of business interests subject to protection, the Court notes that those enumerated categories are prefaced by the phrase... More
- Garden Leave Provisions Article Published with Practical Law Company We just published an article with the Practical Law Company discussing garden leave provisions in employment agreements. With PLC’s permission, we have attached it here.... More
- Managing Workforce Compliance in an Unpredictable World – Attend Our Annual Briefing (NYC, Sept. 14) When: Thursday, September 14, 2017 8:00 a.m. – 4:30 p.m.
Where: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019
Epstein Becker Green’s Annual Workforce Management Briefing will focus on the latest developments in labor and employment law, including:
Global Executive Compensation
Internal Cyber Threats
People Analytics in Hiring
Wage and Hour
Paid and Unpaid Leave
Trade Secret Misappropriation
We will start the day with two morning Plenary Sessions. The first session is kicked off with Philip A. Miscimarra, Chairman... More
- Practice Note with the Practical Law Company: Trade Secrets Litigation We just published a Practice Note with the Practical Law Company discussing litigation for employers whose employees have misappropriated trade secrets. With PLC’s permission, we have attached it here.... More
- Eighth Circuit Finds Independent Contractor’s Non-Compete Unreasonable It is fairly uncommon for a circuit court to opine on the reasonableness of a restrictive covenant. In Ag Spectrum Co. v. Elder, No. 16-3113, 2017 U.S. App. LEXIS 14128 (8th Cir. Aug. 2, 2017), the Eighth Circuit issued a decision holding that an independent contractor’s non-compete was unreasonable and unenforceable.
Applying Iowa law, the Eighth Circuit explained that reasonableness depends on the circumstances, including consideration of several factors such as: (1) the employee’s closeness to customers; (2) the employee’s peculiar... More