Searching Content indexed under Litigation, Mediation & Arbitration by Brian Bialas ordered by Published Date Descending.
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The Supreme Court Will Not Review The Computer Fraud And Abuse Act (For Now)
Back in November, I wrote about how a plaintiff in a lawsuit involving the Computer Fraud and Abuse Act (CFAA) decided to appeal its case to the Supreme Court.
United States
22 Jan 2013
How To Protect Your Personal Device (And Personal Information) From Discovery
Once a lawsuit over trade secrets or a noncompete begins, "discovery" is usually the next step in the case.
United States
23 Oct 2012
The Drawback Of Choice-Of-Law Clauses For Employers
A choice-of-law clause is a provision in a contract (e.g., a noncompete) that states what state's law will apply to the contract, regardless of where the lawsuit to enforce it is filed.
United States
17 Oct 2012
Can Lawyers Sign Noncompetes?
As reported by Law360, a Philadelphia-based law firm, Swartz Campbell LLC, recently sued a competing Philadelphia firm, The Chartwell Law Offices LLP, alleging that Chartwell essentially stole one of Swartz's offices located in Fort Myers, Florida, including a partner and two employees.
United States
5 Oct 2012
The Trend Toward Requiring Plaintiffs To Identify Trade Secrets Early In Litigation
A good article in BNA by Eric W. Schweibenz and Lisa M. Mandrusiak argues that the recent trend in trade secret litigation has been to require plaintiffs to state with specificity early in litigation what trade secrets they claim the defendants stole.
United States
3 Oct 2012
Recent Judgment In Massachusetts Case Shows That Cases Involving Faithless Employees Sometimes Go To Trial And Result In Big Money Verdicts
As reported by Massachusetts Lawyers Weekly last week (subscription required), late last year a Middlesex County jury found a defendant company liable for over $1.3 million in damages to the plaintiff competing company in a case involving the plaintiff's former employee.
United States
27 Sep 2012
The Key To Protecting Confidential Information From Being Taken By A Departing Employee To A Competitor: Planning
BNA has published a good article on how an employer can protect its confidential information from being taken by a departing employee to a competitor.
United States
13 Sep 2012
"Employee Non-Compete Agreements, Trade Secrets And Job Creation: The Status Of Law Reform" At The Boston Bar Association
On Tuesday, July 24, the Boston Bar Association will be hosting a symposium on noncompete and trade secret legislation in Massachusetts.
United States
23 Jul 2012
"Preparing For Non-Compete Litigation"
I read an interesting article by Peter A Steinmeyer and Zach C. Jackson on the steps an employer should consider before filing a noncompete lawsuit.
United States
2 Jul 2012
Can A Judge In A Divorce Proceeding Order A Spouse Not To Compete With The Other Spouse?
The answer, at least in Massachusetts, is yes. In Cesar v. Sundelin, the Massachusetts Appeals Court recently ruled that, in dividing a marital estate that includes a family business.
United States
22 May 2012
Middlesex Superior Court Not Persuaded By Estoppel Argument In Non-Compete Case
A recent case decided in the Middlesex County Superior Court illustrates how not every claim of generalized "unfairness" will be sufficient to avoid enforcement of a non-competition agreement.
United States
2 Apr 2012
If The Terms Of Employment Change, Employees May Need To Sign New Non-Competition Agreements
A case decided last month in the Massachusetts Superior Court Business Litigation Session shows once again how material changes in the conditions of an employee’s employment can void a previously signed restrictive covenant
United States
2 Apr 2012
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