Trade Secrets

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    Fierce competition epitomizes today's global business environment. Companies strive to maintain every possible competitive advantage over their competitors. Similarly, they seek to ensure the maximum return from their investments—whether in new products, new customers, or employee training. The loss of any of those advantages, no matter...

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    Noncompete agreements are little more than a memory in several states, including California and Colorado. Legislative measures there have all but eradicated employment agreements that restrict an employee's ability to work for a competitor after leaving his job. These states view noncompetition agreements as unfair restrictions on trade that are...
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    With the onslaught of social networking tools, it's no wonder that social media has become an increasingly popular litigation topic for employers. Courts began addressing the issue by deciding whether social media can be used in lawsuits and whether employees can be terminated because of their Internet postings. Now, the new wave of social media-...
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    The Delaware Court of Chancery is recognized nationwide as the preeminent venue for business litigation. The court has highly qualified judges who are familiar with the complexities of business and prioritize the resolution of cases through quick and pragmatic decisions. In short, Delaware businesses are fortunate to have the court at their...
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    Look around, and you'll see that the promise of a paperless office was false. Nonetheless, most, if not all, of that paper piling up in your office is now an electronic file, too. And then there's e-mail — likely tens of thousands of e-mails sent and received by every one of your company's managers and employees. We couldn't get through our...
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    It's often stated that restraints on free competition aren't favored in Tennessee. However, in two recent cases released one day apart, the Tennessee Court of Appeals issued rulings demonstrating that, assuming a protectable business interest is truly at stake, noncompete agreements are alive and well (and enforceable) in Tennessee. Background...
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    Employers are under constant attack in the employment law arena, often without much hope for going on the offensive. In Act I, a former employee draws the sword when he files a lawsuit. In Act II, the employer can do little but raise a shield. However, there may be some hope for employers that are sick of playing defense. Massachusetts courts have...
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    As of September 1, 2013, Texas joined most other states in addressing trade secret protection when it enacted the Texas Uniform Trade Secrets Act (TUTSA). The new law is essentially the Uniform Trade Secrets Act (UTSA) followed in 46 other states. (New York, North Carolina, and Massachusetts are the remaining holdouts.) Here are the highlights of...
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    Look around, and you'll see that the promise of a paperless office was false. Nonetheless, most, if not all, of that paper piling up in your office is now an electronic file, too. And then there's e-mail — likely tens of thousands of e-mails sent and received by every one of your company's managers and employees. We couldn't get through our...
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    A company recently settled a lawsuit in which it accused one of its main competitors of unlawfully soliciting its employees and customers. Let's take a closer look at how the employer was able to protect its interests through noncompete and nonsolicitation agreements. Facts Stryker Corporation, which maintains its headquarters in New Jersey,...
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