Tag: Confidential Information

Lessons on Drafting Employee Agreements

The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a judgment in favor of its former employee on claims of breaching an employment agreement and misappropriating trade secrets under the Maryland Uniform Trade Secrets Act […]

4th Circuit Providing Lesson on Drafting Employee Agreements

The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a judgment in favor of its former employee on claims of breaching an employment agreement and misappropriating trade secrets under the Maryland Uniform Trade Secrets Act […]

DOJ Urges State Court to Use Antitrust Principles to Invalidate Noncompetes

Noncompete agreements between employers and their employees traditionally are governed by state law. But that didn’t stop the Antitrust Division of the U.S. Department of Justice (DOJ) from recently filing a statement of interest encouraging a Nevada state court to consider federal antitrust principles to invalidate noncompete agreements between a large medical group and its physician-employees.

Customer Contact Info May Be Trade Secret, Georgia Federal Court Rules

The U.S. District Court for the Northern District of Georgia recently decided a case involving trade secrets and restrictive covenants after a former employee took a customer contact list with him when he left to work with a competitor. The court’s ruling serves as an important reminder for employers.

13 Questions and Answers About OSHA’s New COVID-19 Vaccination Standard

Here is the skinny on the Occupational Safety and Health Administration’s (OSHA) much-anticipated emergency temporary standard (ETS) on COVID-19 vaccinations for large employers. Released on November 4, the policy requirements take effect December 5 and must be fully implemented by January 4, 2022. What Large Employers Need to Know Who is covered? The ETS covers all […]

Extraordinary damages not automatic in ‘cause’ cases

by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are terminated for cause often claim that they should be awarded aggravated and/or punitive damages in addition to reasonable notice damages. In a recent decision […]

EEOC sharing employers’ position statements with charging parties

by Leslie Silverman Employers should be aware that the position statements they submit to the Equal Employment Opportunity Commission (EEOC) are now far more likely to end up in the hands of the employees who filed those charges and their attorneys. The agency has instructed all of its 53 field offices to release respondents’ position […]

Tips for protecting your most valuable assets

by Scott A. Holt Significant time, money, and resources often go into developing client relationships, so it is only natural that businesses take steps to protect those intangible assets. Many employers require employees who have significant contact with clients to sign nonsolicitation agreements. However, executing and enforcing nonsolicitation agreements are two different matters. Like traditional […]

The case for cause with a single act of employee misconduct

by Keri Bennett The Supreme Court of Canada tells Canadian employers that they must strike a balance between the severity of the misconduct and the sanction imposed when deciding whether to terminate employment for cause. So what happens when the misconduct is a single act? Can that justify termination for cause? According to the British […]