The Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act marks a significant shift in the state’s approach to noncompete agreements, reinforcing employer protections and reshaping restrictive covenants. This legislation, set to take effect on July 1, 2025, establishes a presumption that covered noncompete agreements and garden leave provisions are enforceable, making Florida
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AIPLA Conference on Trade Secret Litigation Recap: Part 2 – Forensics
Our team attended the recent AIPLA Trade Secret Summit, one of the nation’s premier conferences on trade secret law. Critical issues surrounding the protection of confidential business information took center stage and we were reminded just how important it is for companies to stay ahead of the curve to safeguard against unfair competition and
AIPLA Conference on Trade Secret Litigation Recap: Part 1 – Joint Representation
At the recent AIPLA Trade Secret Summit, one of the nation’s premier conferences on trade secret law, critical issues surrounding the protection of confidential business information took center stage. The discussions reinforced the importance of safeguarding trade secrets and proprietary data against theft, liability, and employee mismanagement—particularly during key employment transitions such as hiring,
Ex-Schwab Employee Prohibited from Using Client Information
In the case of Charles Schwab & Co., Inc. v. Roberto Ivan Ortega (Case No. 4:24−cv−04962), the United States District Court for the Southern District of Texas issued a Stipulated Preliminary Injunction Order on February 12, 2025.
Charles Schwab alleges that Roberto Ivan Ortega misappropriated its trade secrets and client information to solicit the business
Nuclear Verdicts Hit Trade Secrets
A Massachusetts federal jury awarded $452 million against a South Korean company after concluding it had stolen secrets related to a wearable insulin patch. Nuclear verdicts are determined as ones that exceed $10 million have grown over recent years.
While the recent nuclear verdicts have mainly been in personal injury situations, this highlights risks associated
Louisiana Court Clarifies Employee Non-Solicitation Provision Requirements
In a recent ruling, The Louisiana Court of Appeal, First Circuit recently ruled that an employee non-solicit/no-poaching agreement is not subject to the Louisiana non-compete statute but, nevertheless, to be valid, must have a temporal limitation that is reasonable in scope to be enforceable. Because the agreement at issue was open-ended with no temporal limitation,
Federal Judge Stymies FTC Efforts to Outlaw Non-Compete Agreements
On August 20, 2024, Judge Ada Brown of the US District Court for the Northern District of Texas set aside the Federal Trade Commission’s rule that effectively prohibited the use of non-compete agreements. Interpreting the Administrative Procedure Act, which provides for judicial review of the actions of federal agencies like the FTC, the court found
PA Federal Court Denies Request to Enjoin FTC Ban on Non-Competes
As previously reported, the US District Court for the Northern District of Texas issued an injunction prohibiting the Federal Trade Commission (FTC) from enforcing its non-compete ban, which is set to take effect on September 4. That ruling, however, was limited to the plaintiffs in that case. Similarly, the US District Court for the
Employee Monitoring and Protecting Trade Secrets in Remote Work Environments
With large swaths of the workforce working remotely, some employers have growing concerns about employee productivity, as well as information security and confidentiality. In today’s remote work era, organizations face significant challenges in balancing employee monitoring with safeguarding confidential information and trade secrets. This article explores key insights and strategies for HR professionals navigating these
Update – Status of Challenge to FTC Non-Compete Ban
As previously reported, the consolidated lawsuits challenging the Federal Trade Commission’s (FTC) non-compete ban sought a preliminary injunction and a stay until litigation is resolved concerning the FTC’s non-compete ban. On July 3, 2024, a federal judge in the US District Court for the Northern District of Texas decided that a preliminary injunction was appropriate