To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Such covenants remain predominantly governed by statutes in Maine, Massachusetts, New Hampshire, and Rhode Island, while Puerto Rico continues to govern them by common law. And with no significant updates since 2020, restrictive covenants remain disfavored and under increased scrutiny in the First Circuit. Generally, these courts will only enforce noncompete agreements that are reasonable, no broader than necessary to protect an employer’s legitimate business interests, properly noticed, and in line with public policy. The applicable…
Every year since 2009, the United State Department of Justice (“DOJ”) has published a report that details the actions the DOJ has taken to implement Title IV of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (“PRO IP Act”) . The PRO IP Act reports also summarizes efforts, activities, and resources that the DOJ has allocated for intellectual property enforcement. There are now a dozen PRO IP Act reports available on the DOJ’s website, and they offer useful insights into how the DOJ prioritizes the enforcement of intellectual property rights and the prosecution of those violating IP…
Four Troutman Pepper life sciences partners join Goodwin
Goodwin poached a 14-partner Troutman Pepper group last week(Reuters) – Law firm Goodwin Procter has hired four more life sciences attorneys from Troutman Pepper Hamilton Sanders, a week after a group hire from the firm helped Goodwin launch a Philadelphia office.
Goodwin said Wednesday that it added partners Allison Nicklin, Alicia Palladino, Justin Platt and Laura Umbrecht in New York and Philadelphia from Troutman Pepper. Last week 14 other partners joined Goodwin from the same firm.
The earlier hires included Rachael Bushey, who was chair of Troutman Pepper’s health sciences department,…
A judge in the Northern District of Texas recently declined to dismiss a lawsuit, CiCi Enterprises LP et al. v. Mucho Pizza, LLC et al., alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. This case highlights the importance of comprehensive agreements and the reduction of agreement modifications to writing.
Beginning in 2010, CiCi Enterprises[1] and Mucho Pizza, LLC[2] entered into 17 franchise agreements, which provided Mucho Pizza access to CiCi Enterprises’ trade secrets and other confidential information, including confidential…
New York State may soon join the growing list of restricting jurisdictions or banning noncompete agreements. On June 7, 2023 the New York State Senate passed S 3100A (the “Bill”), which would prohibit employers from seeking, requiring, demanding, or accepting certain noncompete agreements.If adopted and signed into law, the Bill would significantly change the landscape for New York employers, in part because the legislation uses broad–and sometimes vague–definitions. The Bill defines “non-compete agreement,” as “any agreement, or clause contained in any agreement, between an employer and a covered individual that prohibits or restricts such as covered individual from obtaining…
As expected, on May 24, 2023, Governor Tim Walz signed a new law banning noncompete agreement in Minnesota. The ban will be effective for such agreements entered on or after July 1, 2023.
By enacting the Omnibus Jobs, Economic Development, Labor and Industry appropriations bill (MN SF 30035), Minnesota becomes only the fourth state (along with California, Oklahoma and North Dakota) to ban noncompetitors.The new law renders void and unenforceable all covenants not to compete entered by employees or independent contractors on or after July 1, 2023. The only exceptions are noncompetitive agreements relating to the sale or dissolution…
Epstein Becker Green (EBG) is pleased to announce the launch of our 50-State Noncompete Survey, designed to give employers a desktop guide to the great variety and specificity of noncompete laws across the United States.
EBG’s 50-State Noncompete Survey is here to help provide key insights on all of the following areas of noncompete law in your state:Are non-competitive employees permissible?
Is there a general non-compete statute or other industry-specific statute and rules?
Are certain employees exempt from noncompetitive?
Is continued employment sufficient consideration?
Are there notice-related or other unique requirements?
Are customers and employees non-solvent permissible?
Can noncompetes…
INVESTIGATION ALERT: The Schall Law Firm Announces it is Investigating Claims Against Wolfspeed, Inc. and Encourages Investors with Losses to Contact the FirmThe Schall Law Firm, a national shareholder rights litigation firm, announced that it is investigating claims on behalf of investors of Wolfspeed, Inc. (“Wolfspeed” or “the Company”) (NYSE: WOLF) for violations of the securities laws.The investigation focuses on whether the Company issued false and/or misleading statements and/or failed to disclose information pertinent to investors.If you are a shareholder who has suffered a loss, click here to participate.We also encourage you to contact Brian Schall…