We developed this blog to provide timely and important legal updates and helpful insights for employers, employees and attorneys. Be sure to check this blog regularly as a valuable resource to keep you abreast of non-compete, trade secret and other competition-related legal issues in Georgia as well as other significant updates from other states.
We hope you will find this blog useful and informative.
A recent article in the Huffington Post ridiculed the use of non-competes by Jimmy John’s for its employees and those of its franchisees, including low-wage sandwich makers and delivery drivers. See “Jimmy John’s Makes Low-Wage Workers Sign ‘Oppressive’ Non-Compete Agreements” (Huff Post Business, October 13, 2014; http://www.huffingtonpost.com/2014/10/13/jimmy-johns-non-compete_n_5978180.html).
In the article, Huffington Post takes Jimmy John’s to task for imposing non-competes Read more [...]
Earthcam, Inc. v. Oxblue Corporation, No. 1:11-CV-2278-WSD, 2013 WL 1693959 (N.D. Ga. April 17, 2013), is a dispute between competitors in the camera technology industry. Earthcam, Inc. (“Earthcam”) brought a lawsuit against Oxblue Corporation (“Oxblue”), as well as Oxblue’s officers. Earthcam alleged that the defendants engaged in corporate espionage to misappropriate Earthcam’s technology and customers. Earthcam’s complaint asserted claims for violation of the Georgia Trade Secrets Read more [...]
Ebola has captured the news this week, but there was also a very interesting story for those that follow non-compete news. According to the article below, Jimmy John’s has a standard employment agreement that it uses for workers at its sandwich stores. The agreement is part of a standard employment packet prepared by Jimmy John’s corporate office. The employment agreement contains a non-compete which prohibits former employees from performing services for any business which derives 10% of its Read more [...]
Matthew Focht Enterprises, Inc. v. Michael Lepore, No. 1:12-CV-4479-WSD, 2014 WL 1153338 (N.D. Ga. March 21, 2014), involved claims against a former sales representative of a sales organization that sells credit card processing services to retail merchants on behalf of credit card processing companies. This blog previously addressed a threshold decision in this case regarding claims based on the former employee’s restrictive covenants. (Click here to read the previous blog entry). This blog Read more [...]
On Wednesday September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved the Defend Trade Secrets Act. The act would create a federal private right of action for trade secret theft.
An amendment introduced by some Democrats sought to strike the ex parte seizure provisions that critics feel could be used for anti-competitive purposes; however, that amendment was voted down.
The action by the Judiciary Committee sets the Act up for a full House vote on the legislation. Read more [...]
Employees will try to avoid the enforcement of non-competes in a variety of ways. In Mapei Corporation v. Prosser, — S.E.2d —, 2014 WL 3282090 (Ga. App. July 9, 2014), an employee was able to avoid his non-compete because he signed a subsequent restrictive covenant agreement which did not contain a non-compete, but which contained a merger clause.
Stephen Prosser became employed as a chemist for Mapei Corporation (“Mapei”) in 2009. In June of 2011, he signed an agreement which contained Read more [...]
An interesting battle is brewing between Google and Amazon over a former employee who left Amazon to join Google. Amazon has sued the former employee, and now Google is seeking to intervene to try to protect its trade secrets and confidential information. Here is a link to a synopsis of the case:
http://www.jdjournal.com/2014/08/18/google-and-amazon-battle-over-former-amazon-employees-non-compete-clause/?hvid=4abY59?utm_source=MMNA&utm_medium=Email&utm_campaign=t_17740–dt_20140819-cid_34271-Did_5100190-ad_JDJ~MMNA-logid_%5bMCTS_CESLOGID%5d Read more [...]
This week, a bi-partisan bill was introduced in the House of Representatives that would create a private right of action for trade secret theft under federal law. The Trade Secrets Protection Act of 2014 (the “TSPA”) was introduced by representatives on the house judiciary committee and would create a federal civil remedy for trade secret theft. This bill comes on the heels of the bill introduced in the Senate earlier this year, the Defend Trade Secrets Act (DTSA). A discussion of the senate Read more [...]
Physician non-compete agreements implicate two conflicting public policy considerations: the legitimate business interests of medical practices in protecting against unfair competition and doctors’ ethical obligations with respect to patient care.
With respect to this second consideration, long term stability in a patient’s relationship with his or her doctor can have an impact on the quality of the patient’s medical care. An argument can be made that non-compete agreements in physician Read more [...]
Senator Jeff Flake (R-AZ) has introduced a bill in Congress to provide for federal civil liability for trade secret misappropriation by foreign actors in certain circumstances. The Act would be called the “Future of American Innovation and Research Act of 2013” or the “Fair Act.” The Act is focused on foreign actors (and is likely a reaction to the growing threat of trade secret theft from China) and would provide a federal civil cause of action for trade secret theft by anyone who “misappropriates, Read more [...]