Searching Content by James McQuade from Orrick ordered by Published Date Descending.
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Huawei Alleges "Selective Prosecution" By The DOJ
In January of this year, the DOJ indicted the Chinese telecom giant Huawei on counts of theft of trade secrets conspiracy, attempted theft of trade secrets, wire fraud, and obstruction of justice.
United States
5 Sep 2019
Ninth Circuit Withdraws Vasquez, Punts To California Supreme Court On Dynamex Retroactivity
On July 22, 2019, the Ninth Circuit withdrew its recent decision in Vazquez v. Jan-Pro Franchising International, Inc., and ordered that it would certify
United States
6 Aug 2019
Washington Restricts Use of Non-Competition Agreements
An employer must disclose the terms of the non-competition agreement in writing to a prospective employee no later than the time of acceptance of the offer.
United States
6 Aug 2019
Texas Jury Rejects Digital Marketing Company's $50 Million Trade Secret Misappropriation Claim
After a weeklong June trial, a Texas federal jury awarded Six Dimensions, Inc. ("Six Dimensions"), a digital marketing firm, $287,000 for its breach-of-contract claim
United States
25 Jul 2019
Tip-ping The Scales: New Challenge To The DOL's Revised Tip Credit Rule
As was reported late last year, the Department of Labor ("DOL") in 2018 published an Opinion Letter (FLSA2018-27), effectively rescinding the agency's 80/20 tip credit rule
United States
22 Apr 2019
Senate Judiciary Committee Creates IP Subcommittee To Combat IP Theft
Last week, the United States Senate Judiciary Committee announced the creation of a new subcommittee on intellectual property
United States
18 Feb 2019
Using Non-Compete Agreements In Employment Contracts To Protect Trade Secrets
Employers in many industries use non-compete agreements as a key tool to protect trade secrets.
United States
7 Feb 2019
Titanic Texas Trade Secrets Verdict Contested As Colossal Collusion
A $700 million jury award for trade secrets misappropriation and fraud is the product of a collusive scheme to deceive the jury
United States
13 Dec 2018
(Tip) Credit Where (Tip) Credit Is Due: DOL Reverses Course On Treatment Of Tipped Employees
On November 8, 2018, the Department of Labor published an Opinion Letter (FLSA2018-27) reissuing its January 16, 2009 guidance (Opinion Letter FLSA2009-23) ...
United States
30 Nov 2018
Massachusetts Enacts New Reforms On Noncompetes, Becomes 49th State To Enact UTSA
Just two days after TSW's inaugural post, we brought you news of Texas becoming the 48th state to enact some form of the Uniform Trade Secrets Act (UTSA).
United States
9 Sep 2018
Wait A Minute…California Supreme Court Says Employers Must Pay For De Minimis Off-The-Clock Work
On July 26, 2018, the California Supreme Court found that employers must compensate workers for the time they spend on certain menial tasks after clocking out of their shifts.
United States
6 Aug 2018
Not Providing Compliant Rest Breaks In California Could Break The Bank – New Clarifications From The State's High Court
Recently, in Augustus v. ABM Security Services, Inc., the California Supreme Court upheld a $90 million award of statutory damages, interest, and penalties against an employer who required employees to remain on-call during rest periods...
United States
1 Feb 2017
Government Attacks On Non-Compete Agreements Continue
Non-compete agreements have long been used by employers as an effective tool to protect their valuable trade secrets and confidential information. However, employers' overuse...
United States
19 Sep 2016
Can You Keep A Secret? The European Union's New Directive On Trade Secrets And Its Impacts On Whistleblowers
It is no secret that the European Union's Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised Directive was published...
European Union
3 Jun 2016
Latest California Equal Pay Legislation Targets Race And Ethnicity
As California employers adjust to recent amendments to the state's Equal Pay Act, additional changes are looming.
United States
10 Mar 2016
Virtual Learning: The Scope Of Preemption Under The California Uniform Trade Secrets Act
Companies seeking protection under the California Uniform Trade Secrets Act ("CUTSA") should consider the effects of CUTSA preemption on their litigation strategy.
United States
17 Feb 2016
The Commission Speaks: Guidance For Employers Regarding The New York City Fair Chance Act
The Guidance details what it refers to as per se violations of the Act. The Guidance states that making any inquiry or statement related to criminal history of an applicant is a per se violation.
United States
27 Nov 2015
Win At All Costs?: A Glimpse Into Trade Secrets In The Sports And Entertainment Industry
Legendary Green Bay Packers coach Vince Lombardi once quipped, "Winning isn't everything, it's the only thing."
United States
9 Nov 2015
Fifth Circuit Revisits Copyright Preemption Of Trade Secret Law
The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank.
United States
28 Jul 2015
Sixth Circuit Affirms $250K Victory To SOX Whistleblower And Provides Broad Interpretation Of SOX
On May 28, 2015, the Sixth Circuit in Rhinehimer v. U.S. Bancorp Investments, Inc. affirmed a $250,000 jury verdict in favor of a former financial advisor for U.S. Bancorp Investments...
United States
15 Jun 2015
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