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.
Many financial services firms have at some point been members of the Financial Industry Regulatory Authority (“FINRA”), or its predecessor, the National Association of Securities Dealers (“NASD”). As part of FINRA/NASD’s rules, members are required to arbitrate certain claims, including, among others, claims involving former employees. Metropolitan Life Insurance Company v. Puzzo, Civil Action File No. 1:13-cv-3858-TWT, 2014 WL 1817636 (N.D. Ga. May 6, 2014), addresses the question Read more [...]
by Benjamin I. Fink
The United States Security Exchange Commission (SEC) recently brought an enforcement action against a company for attempting to chill the whistle-blowing process through overly restrictive language in confidentiality agreements. A technology and engineering firm in Houston, KBR, Inc., agreed to pay $130,000 to resolve charges by the SEC that some of its confidentiality agreements included language warning employees that they could face discipline or be fired if they discussed Read more [...]
Georgia’s old common law was extremely hostile to the enforcement of restrictive covenants, particularly non-competes. However, even under Georgia’s old regime, covenants which prohibit a former employee from recruiting or soliciting employees of his or her former employer are subject to less scrutiny. That said, while these types of covenants are more frequently enforced than non-competes or customer non-solicits, the rules on enforcing employee non-recruitment covenants are not without limit, Read more [...]
This blog has previously discussed various rulings in Earthcam, Inc. v. Oxblue Corporation, No. 1:11-CV-2278-WSD (N.D. Ga.). (Click here, here, and here). This entry covers the Court’s ruling on another motion filed by the defendants. Earthcam, Inc. v. Oxblue Corporation, No. 1:11-cv-2278-WSD, 2014 WL 793522 (N.D. Ga. February 26, 2014).
One of the Oxblue officers named as an individual defendant was Richard Herman. Mr. Herman was formerly employed by Earthcam. He and Earthcam had executed a Read more [...]
This blog previously discussed various rulings in Earthcam, Inc. v. Oxblue Corporation. (click here and here). This blog entry deals with Earthcam’s belated attempt to make an expert designation.
Early on in the case, the Court had held a status conference regarding the progress of discovery. The Court had suggested in this meeting that the parties retain a neutral forensic expert to assist with the evaluation of Earthcam’s allegations that Oxblue had intruded into Earthcam’s computer Read more [...]
This blog previously discussed the non-compete agreements implemented by Jimmy John’s (click here and here). Now there are new developments. According to the Huffington Post article below, the New York Attorney General has sent a letter to Jimmy John’s sandwich shops asking for information regarding their non-competes. Also, according to the article, Congress has asked the Federal Trade Commission to investigate this matter. It will be very interesting to see the end result of all of the backlash Read more [...]
by Benjamin I. Fink
Trade secrets continue to be a hot topic in legislative circles in Western countries. While the U.S. Congress is considering the creation of a federal trade secrets statute, the European Commission and Counsel has been considering a directive on trade secrets to member countries.
The European Public Health Alliance (EPHA), a multi-sector NGO coalition, recently expressed its opposition to the proposed directive. EPHA views the proposed law as a threat to health, environment, Read more [...]
Nike has filed a lawsuit in Oregon against three former shoe designers whom Nike alleges conspired to develop for themselves and for Adidas, a strategic blueprint for a creative design studio to compete against Nike.
According to the complaint the three former Nike employees, Denis Dekovic, Marc Dolce and Mark Niner, plotted to establish their own design studio in competition with Nike in violation of their non-compete agreements. More specifically, Nike claims that while still employed by Nike Read more [...]
ESPN reported on October 30 that several college basketball referees were disciplined for accessing unauthorized information on a website. According to sources of ESPN, login information to the officiating site --BlueZebraSports.com --was compromised and passed on to several referees. The referees gained the ability to access compensation of other officials as well as game scheduling information. This information was considered confidential.
In response to the breach, BlueZebra Sports notified Read more [...]
This blog previously discussed the Court’s rulings on discovery disputes in Earthcam, Inc. v. Oxblue Corporation, No. 1:11-CV-2278-WSD, 2013 WL 1693959 (N.D. Ga. April 17, 2013), a lawsuit involving competitors in the camera technology industry (click here). This blog entry addresses another ruling by the Court.
One of Earthcam’s claims against Oxblue was for violation of the Computer Fraud and Abuse Act (“CFAA”). Oxblue filed a motion for sanctions with respect to this claim, arguing Read more [...]