On April 29, 2021, the Supreme Court of Virginia reversed the dismissal of claims for negligent hiring or retention, vicarious liability, and negligent infliction of emotional distress where a complaint alleged that a retired pastor, who remained associated with his employer, molested a minor.
On April 8, 2021, in a case of first impression, the Fourth Circuit enforced a provision of an arbitration agreement that required the parties to waive appellate review.
Although most trade secrets litigation takes place in federal or state courts, another forum for redress is the US International Trade Commission (the ITC).
Two recent federal criminal indictments have captured the attention of both antitrust and employment lawyers, as well as the legal and business community nationwide.
In 2016, the US Department of Justice issued its Antitrust Guidance for Human Resources Professionals (Antitrust Guidance), in which it warned that criminal charges may result if corporations enter into “naked no-poach agreements.”
On January 11, 2021, Mayor Muriel Bowser signed into law the Ban on Noncompete Agreements Amendment Act of 2020, passed by the Council of the District of Columbia in December 2020.
The Federal Circuit Court has issued an opinion invalidating a post-employment invention assignment provision in an employment agreement because the assignment provision violated California law disfavoring restrictive covenants.
On August 20, 2020, the US Court of Appeals for the Seventh Circuit affirmed a $140 million jury verdict in a published opinion reiterating the important role of unjust enrichment damages in compensating victims of trade secret misappropriation.
Many states strongly disfavor non-compete agreements, enforcing the narrowest of provisions and leaving employers in some jurisdictions with limited options for protecting their investments in intangible assets such as goodwill and customer relationships.
Arent Fox Partners Linda Jackson, Dana Finberg and Associate Nadia Patel published an article with Law360 discussing a case that determined that defendants in a trade secret lawsuit engaged in intentional, bad faith spoliation, and ordered the harshest of remedies, default judgment and attorney fees
As businesses adjust to the new reality of shelter-in-place orders compelling non-essential employees to conduct a growing amount of work at home, the exposure risk to businesses’ trade secret and other confidential information has increased exponentially.
The COVID-19 pandemic continues to create disruption around the globe, raising obvious questions about our health and wellbeing, and presenting significant business and economic challenges.
In a recent opinion, the Fairfax Circuit Court deemed unenforceable the non-compete and employee non-solicitation provisions of two doctors who had performed work for the United States Army on behalf of a government contractor.
Schiff Hardin LLP is pleased to announce that three of the firm’s practice groups have been recognized for the fourth year in a row in The Legal 500 United States 2019 guide, which provides a nationwide analysis of law firms that provide cutting-edge and innovative advice.
Non-disclosure agreements (NDAs) are commonly used in situations where entities desire to share proprietary information and trade secrets with others – such as potential or actual venture partners, employees, or contractors.