Trade Secret Attorney, Non-Compete Agreement Attorney

Michigan Non-compete Agreements | Are Non-compete Agreements Enforceable Against Lawyers

Carol Lundberg has a good article on the current state of Michigan law concerning the applicability of non-compete agreements to lawyers.  Michigan Rule of Professional Conduct Rule 5.6 states,

A lawyer shall not participate in an offering or making of: (a) an employment or other similar type of agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement or as permitted in Rule 1.17; or (b) an agreement in which a restriction on the lawyer’s right to participate is part of the settlement of a controversy between private parties.

A Nationwide Increase in Non-Compete Litigation

Commentators around the country are noting a rise in litigation seeking the enforcement of non-compete agreements.  Employers are more willing to litigate the enforcement of their non-compete agreements in challenging economic times in order to protect their legitimate business interests.  The other trend being noted in non-compete litigation is that judges are seemingly more sympathetic to the employee in a period of ultra-high unemployment.  In many cases, judges will have displayed a history concerning their attitudes toward enforcement of non-compete agreements.

You should consider the following factors when assessing whether to engage in non-compete litigation in the current climate:

Recent Court Trends in Enforcement of Non-Compete Agreements

Recently, there has been a flurry of articles discussing how the recent downturn in the economy has affected the enforcement of non-compete agreements.  Generally, the current discussion among lawyers and other professionals is that the downturn in the economy is spurring a flurry of non-compete litigation.  Employers must be more competitive are more willing to litigate to enforce a non-compete agreement to retain its advantages in a competitive marketplace. 

An additional sentiment among commentators is that judges are becoming more sympathetic to employees because the economic climate has caused such a sharp rise in unemployment.  Because judges are provided the task of assessing whether a non-compete is reasonable under the circumstances in many states, sympathy for person who in many cases must support a family in a dwindling job market, is a compelling reason for judges to side with the employee.

Enforceability of Noncompete Agreements in California | California Weakens Enforcement of Non-compete Agreements

The California Supreme Court has ruled that employee non-compete agreements are not valid unless the agreement involves the sale of the business.  The court's opinion in Edwards v. Arthur Andersen, L.L.P. involved a certified public accountant who had signed a non-compete agreement with a former employee.  In exiting his former employment, the employee was asked to sign a termination of non-compete agreement with other release provisions in it in which the employee refused to sign.  Subsequently the employee went to work for another employer.  The court held that because the non-compete agreements are generally invalid, that the consideration for demanding release of an invalid non-compete agreement could be considered a wrongful act and illegal under California law. 

The Edwards Decision is a significant clarification in California law and likely a trend in the unwillingness of courts generally to enforce questionable non-compete agreements in a down business climate. 

Non-compete Attorneys: Recent Non-Compete Issues across the World Wide Web

Traverse Legal’s lawyers constantly monitor the latest information on the World Wide Web concerning non-compete issues. Here is this week's roundup:

Appeals court rules in doctor's favor
Chicago Tribune - United States
The university and others claimed that Dr. Thomas Warren, who served as an assistant professor for the College of Medicine, violated a noncompete agreement. ...

Appeals court denies Univ. of Iowa injunction involving former ...
Gazette Online - Solon,IA,USA
The university claimed Dr. Thomas Warren, hired as an assistant professor with the College of Medicine in July 2001, violated a noncompete agreement. ...

WCSX Changes with the Times Whack JJ and the Morning Crew
By zudfunck at comcast dot net
That twosome have been dry-docked, in broadcast limbo while waiting out the non-compete clause in their CBS contract after leaving WXYT (97.1 FM/1270 AM) almost a year ago. Johnson had heard the D&D rumor, and asked if that was behind ...

Non-Compete Not Enforced
By Legal Profession
The Iowa Court of Appeals declined to enforce a non-compete provision against a physician who had left his employment at the College of Medicine of the University of Iowa after concluding that he would not obtain tenure. ...

Trade Secret Attorneys: Recent Trade Secret Issues across the World Wide Web

Traverse Legal’s lawyers constantly monitor the latest information on the World Wide Web concerning trade secret issues. Here is this week's roundup:

Now, an alcoholic sandesh, hic
Hindustan Times - India
He, however, refused to reveal how the sweets will be prepared — “It’sa trade secret” — except to say that only three types of liquors — whisky, ...

Patents: Are They Worthwhile for a Start-up Company?
By Greg Kirsch
If the reverse-engineering is not possible (the invention doesn’t “reveal itself” from inspection or use), then trade secret protection may in some cases be the better choice. Of course, a trade secret only has value so long as it can ...

Cytokinetics Announces Preclinical and Clinical Trial Data ...
MarketWatch - USA
... ability to conduct clinical trials; Cytokinetics may be unable to obtain and maintain patent or trade secret protection for its intellectual property; ...

Non-compete Attorneys: Recent Non-Compete Issues across the World Wide Web

Traverse Legal’s lawyers constantly monitor the latest information on the World Wide Web concerning non-compete issues. Here is this week's round-up:

IMB Sues Its Ex-Employee for Leaving for Apple
By masum
But the former International Business Machines Corp. executive mark papermaster claimed that his move to Apple inc. to oversee development of its iPod and iPhone devices doesn’t violate a non-compete agreement he signed at IBM. ...

Papermaster Countersues To Escape IBM's Legal Hounds
But in a Thursday US District Court filing, Papermaster's lawyers argued that the scope of IBM's non-compete agreement is overly broad and that Apple and ...

Non-Compete Agreements - Striking the Right Balance
By Iula
One of the trickier agreements that companies must deal with is the Non-Compete Agreement, simply because the document needs to strike the right balance between protection and freedom. The non-compete agreement is a written...

Trade Secret Attorneys: Recent Trade Secret Issues across the World Wide Web

Traverse Legal’s lawyers constantly monitor the latest information on the World Wide Web concerning trade secret issues. Here is this week’s trade secret and idea protection round-up:

A Reasonable Route to ESI Confidentiality
Law.com - San Francisco,CA,USA Cincinnati Insurance Co., an opinion by the US Court of Appeals for the Seventh Circuit that states: "a document that contains trade secrets may also...

The Tobacco Conspiracy: Why You Have Not Been Able to Quit Smoking
Tobacco may be natural but cigarettes are far more than tobacco with an estimated 4000 ingredients added! The list is highly guarded and protected by law as a trade secret. Imagine that. It’s the public’s health and it's a trade secret...

Protecting IP: Should an invention hold patent or trade-secret status? Four types of IP protection exist: copyright, patent, trademarks, and trade secrets. But which type of protection is best for your IP asset? The answer is found in the type of protections provided by patents and trade secrets...

Trade secrets are assets
Fort Wayne Journal Gazette - Fort Wayne,IN,USA It’s what lawyers call a trade secret. It’s what business owners call an asset. Trade secrets are the most easily created form of intellectual property ...

Trade Secret Law Firms | Verdict Against Ex-Employee For Divulging Confidential Info

Business to fight $60M verdict - Salt Lake Tribune

An executive with American National Insurance Co. said Monday that his firm will challenge a $60 million verdict awarded by a Utah jury this month to a rival company in a trade secret suit over the defection of agents.
James Pozzi, senior executive vice president with the Galveston, Texas-based company, said the punitive damages verdict - which was based on a claim that American National poached Farm Bureau Insurance Co. agents in southern Utah and misappropriated that agency's trade secrets - is excessive. He added that his company is evaluating a "number of legal actions" to overturn it.
....
A trade secret lawsuit filed in U.S. District Court alleged that Darrin Ivie shared confidential information with American National while still working as a district manager for Farm Bureau's Zion's Cove agency. In addition, Ivie engaged in recruitment efforts that caused at least seven Farm Bureau agents and three recruits to leave the company to become American National employees, according to the lawsuit.
.... the federal jury on Aug. 8 awarded Farm Bureau $3,606,214 in compensatory damages. The 11 jurors also awarded punitive damages of $60 million against American National and its subsidiaries and $2.4 million against Gallacher.

Technorati Tags: trade secrets, verdict

Technology Trade Secret Protection | Data Breach is Risk Factor

How to Keep Corporate Secrets a Secret

One of the problems with corporate data breaches is the catastrophic risk to corporations when trade secrets, customer lists, pricing data and other critical information are exposed. Hal Abelson, Ken Ledeen and Harry Lewis, authors of "Blown to Bits: Your Life, Liberty, and Happiness after the Digital Explosion," explain how companies can use the right mix of process, people and advanced technologies to keep their data secure—and their CIOs out of the headlines. A must-read for internet lawyers interested in technology and trade secret protection. 

Technorati Tags: trade secrets, intellectual property