The Employer Handbook Blog
I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. Continue reading
Articles Posted in Trade Secrets and Restrictive Covenants
New Jersey is back doing New Jersey things, like trying to kill restrictive covenants
For one of the most employee-friendly states in the country, the current state of play in New Jersey for restrictive covenant agreements like non-competes and non-solicits is employer-friendly. Although your mileage may vary by judge, most will enforce reasonable contracts of up to two years with a geographical footprint that coincides with where the company does business. Continued employment is sufficient consideration, and if the agreement is too broad, the judge can reform it.
Those days may be ending soon. Continue reading
Jury awards $2,036,860,045 for misappropriation of trade secrets. Yes, over $2 billion!
Yesterday, a tech company announced that a Virginia jury had awarded it the biggest damages award in state court history. It was an employment case.
Hopefully, I have your attention. Continue reading
Join me for a new limited-run podcast called “Working Class”
From the creator of the blog that brought you, Did I ever tell you about the employee that called the owner a “f***ing crook”? and Dammit! They’re practically twisting my arm to blog about union-related stuff comes something new and exciting! Continue reading
It’s 2022. Time for an employee handbook update. Start by adding the word “TikTok.”
A little over five years ago, TikTok, the social networking platform where users post videos ranging in length from 15 seconds to three minutes, was born. Now, I know that it’s hard to keep up with technology. But if your employee handbook doesn’t specifically reference TikTok — and I’m not just talking about your social media policy — then you, or your employees, or perhaps both, are looking for trouble.
Just ask a former flight attendant for a major airline. Continue reading
Yep, President Biden ordered the FTC to curtail private companies from using of non-competes.
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Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons
I warned — didn’t I? — you that President Biden was preparing to tell the Federal Trade Commission to either ban or curtail private employers from using non-competition agreements. Continue reading
Wait, WHAT?!? Is President Biden planning to ban private employers from using non-competes?
Image by Clker-Free-Vector-Images from Pixabay
So much for my blog servers getting a much-needed Friday rest. Continue reading
What do adult toys and X-rays have to do with protecting trade secrets?
Image by Tayeb MEZAHDIA from Pixabay
I’ve been revising a lot of NDAs recently — not to be confused with N.W.A.s. Although, sometimes, I do listen to N.W.A. while updating nondisclosure agreements.
My curious legal listening habits notwithstanding, there is a practical employment law point I’d like to make here. And it involves sex toys.
Really, Eric?!?
What do restrictive covenants have to do with COVID-19? More than you think.
Image Credit: Maialisa (pixabay.com)
Remember back in January, when I told you that restrictive covenants would be the most significant employment law issues for employers in 2020? Continue reading
Forget what you heard. THIS, right here, will be the biggest employment law concern for employers in 2020.
I’ve seen a lot of ink spilled by employment lawyers about how #MeToo, new overtime rules, medical marijuana, and salary history questions will be the significant issues with which employers would have to deal in 2020.
The Federal Trade Commission and I have other ideas. Continue reading