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HTMLFederal Trade Secret Legislation Proposal Gains New Life
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
May 8, 2014, previously published on May 5, 2014
The prospects for federal trade secret legislation has heated up again as there appears to be bipartisan support for a new bill. After failing in previous years, Senator Coons (D) recently joined forces with Senator Hatch (R) to introduce a federal trade secrets act that would create a federal...

 

HTMLFAQ's on FINRA's Broker Compensation Proposal
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
April 3, 2014, previously published on April 1, 2014
On March 10, 2014, FINRA filed proposed Rule 2243 with the SEC. The proposed rule would require firms and registered reps to disclose certain financial incentives offered to reps in connection with a change in employment and would require firms to report information concerning the same subject to...

 

HTMLOpinion: Bad Facts Make Bad Law, Especially in Non-Compete Cases
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
February 13, 2014, previously published on February 12, 2014
A non-compete agreement that prohibited a former sales rep from working for a competitor in any capacity, “even as a custodian,” is overly broad and unenforceable. At least that’s what a North Carolina Court of Appeals recently concluded in a case captioned CopyPro, Inc. v....

 

HTMLThere Must be Proof in That Trade Secret Pudding
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 7, 2014
Okay, maybe the word "proof" is a bit too strong. But a recent decision from the United States District Court for the Middle District of Florida makes clear that trade secret claims must be based upon more than mere suspicion. In American Registry v. Hanaw et al., the plaintiff fell...

 

HTMLSometimes Noteworthy Non-Compete Decisions Have No Non-Competes
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
February 10, 2014, previously published on February 3, 2014
As a non-compete litigator, I often scan the case reports looking for noteworthy non-compete decisions. In doing so, I look for the usual buzzwords of interest -- non-compete, trade secret, preliminary injunction, etc. But every once in a while, I come across a case that has nothing to do with...

 

HTMLSend a Non-Compete Demand Letter - Buy Yourself a Lawsuit?
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
January 31, 2014, previously published on January 27, 2014
When employers seek injunctive relief to enforce a restrictive covenant, nearly every judge begins the injunctive hearing with the same question: What efforts did you make to resolve this matter? Judges encourage settlement; they encourage compromise. Even if such compromise is not possible, they...

 

HTMLImplementing a Trade Secrets Protection Program
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
November 6, 2013, previously published on November 2, 2013
In the business world, protection of trade secrets can make the difference between success and failure, or profit and loss. This post seeks to show you how to protect your company’s trade secrets so that in the event one of your employees steals a trade secret, you will be in the best...

 

HTMLExcuse Me Judge, Could I Be Heard On That?
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
October 28, 2013, previously published on October 24, 2013
A few months ago, I filed a motion for a TRO on behalf of a client. I thought I had a pretty rock-solid case. My client had discovered that in the weeks and months leading up to the resignation of a former employee, the employee had created a detailed spreadsheet containing proprietary customer...

 

HTMLEmployees: Don't Play Cute With Non-Solicitation Obligations!!
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
October 8, 2013, previously published on October 7, 2013
Many employers are applauding a recent decision issued by the U.S. Court of Appeals for the First Circuit, which rejected an employee’s argument that as a matter of law he could not have solicited clients who called him first. The Court explained that employers have a right to enforce valid...

 

HTMLDon't Chase Your Tail in Pursuit of the "Perfect Non-Compete"
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
July 23, 2013, previously published on July 21, 2013
I recently read an article in which some talented lawyers did a nice job summarizing a few recent conflicting cases in Massachusetts. In Interpros, Inc. v. Athy, a Massachusetts court held that a new restrictive covenant must be signed every time an employee has a significant change in...

 


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