The networks have called the Presidential election for Joe Biden. Assuming those results are certified and President Trump’s legal challenges fail, what should employers expect under the new administration? In Part I of this two-part series, let’s explore what changes we might see in the workplace from the employment law perspective. In Part II, we will look at changes in … Continue Reading
Category Archives: Non-Compete & Trade Secret Litigation
Subscribe to Non-Compete & Trade Secret Litigation RSS FeedThe Outlook for Non-Compete Agreements in 2019
As employers gear up for 2019, they should be mindful significant reforms in the area of non-compete law that took place in 2018. Although non-competes are widely used and enforceable in the majority of states, there is a growing trend toward limiting the use of non-competes in favor of employee mobility. In recent years, several states have proposed, passed, and … Continue Reading
Florida Supreme Court: Referral Sources Can Be Protected By A Non-Compete
Big news for home health agencies and others whose business comes from referral sources: the Florida Supreme Court just held that referral sources are the kind of protectable business interest that will support a non-compete agreement. Home health agencies, like other health care businesses, routinely use non-compete agreements to prevent marketing employees from leaving and going to work for direct … Continue Reading
Employers Should Keep An Eye On the Non-Compete Reform Movement
Employers who require all employees to sign a form non-competition agreement regardless of the state in which the employee is located or the type of work performed by the employee should think twice before doing so. Recent legislation focused on reform of non-competition agreements at the state level may signal a trend. In light of those changes and variations from … Continue Reading
Illinois Restrictive Covenants: July 2016 Update
Heads up, Illinois employers with post-employment restrictive covenants: three new cases may impact your enforcement efforts. One continues the split between state and federal courts as to whether continued employment is sufficient consideration, another demonstrates the strict scrutiny courts can place on employers’ stated legitimate business interests, and a third makes clear that attorneys’ fees need not bear a rational … Continue Reading
Attention Employers: Action Required Before Having Employees or Contractors Sign Non-Disclosure Agreements
Yesterday, President Obama signed the federal Defend Trade Secrets Act of 2016 into law, the details of which we reported in a recent Akerman Practice Update. The Act allows companies for the first time to bring trade secret theft claims under federal law. … Continue Reading
Illinois Restrictive Covenants: Special Rules Apply To Non-Compete and Non-Solicit Agreements
All employers doing business in Illinois must be aware of a special rule regarding the enforceability of covenants not to compete, which may apply, depending on where their business is located. In Fifield v. Premier Dealer Servs., 2013 IL App (1st) 120327, the Illinois First District, which covers Cook County (including Chicago), held that an employee must generally remain … Continue Reading
Non-Compete and Trade Secret Provisions: Protecting Your Company and Assets
Now more than ever, employers must take active steps to protect their confidential information and trade secrets from the prying eyes of competitors. In our digital age, trade secrets can be misappropriated in an instant, and without the proper agreements in place, any business can be vulnerable. Recent major court cases involving companies such as Google, Amazon, and other industry … Continue Reading
Illinois Restrictive Covenants: The “Gray” Bright Line Regarding Sufficient Consideration
Illinois non-compete law continues to wend a circuitous path through the employment landscape, making it occasionally difficult for employers and employees alike to predict outcomes in these cases.
One issue that has arisen with some frequency concerns the matter of consideration for a restrictive covenant with an employee where the only consideration provided is employment: namely, is mere employment sufficient, … Continue Reading
