Thomson Reuters Practical Law has released the 2022 update to “Preparing for Non-Compete Litigation,” co-authored by our colleague Peter A. Steinmeyer.
Continue Reading 2022 Update: Preparing for Non-Compete Litigation
Thomson Reuters Practical Law has released the 2021 update to “Non-Compete Laws: Illinois,” a Q&A guide to non-compete agreements between employers and employees, co-authored by our colleagues Peter A. Steinmeyer and David J. Clark.
Following is an excerpt:
This Q&A addresses enforcement and drafting considerations for restrictive covenants such as post-employment covenants not to compete and non-solicitation of customers and employees. Federal, local, or municipal law may impose additional or different requirements.
Download the full Q&A in PDF format.
Continue Reading Non-Compete Laws: Illinois – 2021 Q&A Guide for Employers
As featured in #WorkforceWednesday: This week, we look at the restriction and legislation of non-compete agreements.
The restriction and legislation of non-compete agreements is gaining traction around the country, with states and the federal government passing or proposing new restrictions on the clauses. In July, President Biden signed an executive order that discussed the regulation of non-compete agreements, which in the past has only been the province of the states. Attorneys Pete Steinmeyer and Brian Spang discuss how the executive order impacts employers, changes to expect, and how to best prepare for the future.
Continue Reading The Future of Non-Compete Agreements – Employment Law This Week Video
We’re pleased to present the 2021 update to “Hiring from a Competitor: Practical Tips to Minimize Litigation Risk,” published by Thomson Reuters Practical Law.
Following is an excerpt – see below to download the full version:
A Practice Note describing the steps an employer can take to minimize litigation risk when hiring from a competitor. This Note discusses potential statutory and common law claims when hiring from a competitor, the need to identify any existing contractual restrictions a potential new hire may have, how to avoid potential issues during the recruitment process, ensuring the new hire is a
Continue Reading Minimizing Litigation Risk When Hiring from a Competitor
The 2020 update to our Practice Note, “Garden Leave Provisions in Employment Agreements,” is now available from Thomson Reuters Practical Law. We discuss garden leave provisions in employment agreements as an alternative or a companion to traditional employee non-compete agreements.
Following is an excerpt (see below to download the full article in PDF format):
In recent years, traditional non-compete agreements have faced increasing judicial scrutiny, with courts focusing on issues such as the adequacy of consideration, the propriety of non-competes for lower level employees, and whether the restrictions of a non-compete are justified by a legitimate business interest or are
Continue Reading Garden Leave Provisions in Employment Agreements: 2020 Update
Thomson Reuters Practical Law has released the 2020 update to “Non-Compete Laws: Illinois,” a Q&A guide to non-compete agreements between employers and employees for private employers in Illinois, co-authored by our colleagues Peter A. Steinmeyer and David J. Clark at Epstein Becker Green.
This Q&A addresses enforcement and drafting considerations for restrictive covenants such as post-employment covenants not to compete and non-solicitation of customers and employees. Federal, local, or municipal law may impose additional or different requirements.
Click here to download the full Q&A in PDF format.
Continue Reading Illinois Non-Compete Laws: Q&A Guide for Employers
A federal judge in Chicago recently held that an individual can be convicted of attempting to steal a trade secret, even if the information at issue did not actually constitute a trade secret, so long as the individual believed that the information was a trade secret.
In United States of America v. Robert O’Rourke Opinion, Judge Andrea R. Wood denied a post-conviction motion for a new trial in a case involving attempted and actual trade secret theft. The decision involved a metallurgical engineer and salesperson, Robert O’Rourke, who resigned his employment to take a position as vice president of
Continue Reading Belief That Information Is a Trade Secret, Even If It Isn’t, Is Enough to Be Convicted for Attempted Theft of Trade Secrets
I’m pleased to present the 2019 update to our “Trade Secrets Litigation” Practice Note, published by Thomson Reuters Practical Law. My co-author Zachary Jackson and I discuss litigation for employers whose employees have misappropriated trade secrets.
See below to download it in PDF format—following is an excerpt:
This Practice Note discusses trade secrets
Continue Reading Trade Secrets Litigation: 2019 Practice Note Update
Employers sometimes ask whether it matters if they are inconsistent in their enforcement of non-competes. Typically, the issue is analyzed in terms of whether inconsistent enforcement undercuts the legitimate business interest justifying the restriction. However, in a pending lawsuit, Miller v. Canadian National Railway Co., the issue is being raised in a different context: whether alleged inconsistent enforcement was racially motivated. Specifically, the plaintiff in that case alleges that “[b]y enforcing the non-compete against Miller and not against similarly situated white employees, Defendants are interfering with Miller’s future employment relationships because of his race.”
Enforcement of non-competes rarely comes
Continue Reading Alleged Inconsistent Enforcement of Non-Compete Agreements Raised in Discrimination Case
Tuesday, May 7, 2019
Downtown Chicago Dinner Program
Wednesday, May 8, 2019
Repeat Suburban Lunch Program
Join our colleagues Lauri Rasnick, Kevin Ryan, and Peter Steinmeyer for an interactive panel discussion which will provide insights into recent developments and expected trends in the evolving legal landscape of trade secret and non-competition law. This program will also discuss unique issues and developments in the health care and financial services industry. Our colleagues will also be joined by Thomas J. Shanahan, Associate General Counsel at Option Care.
Issues arising from employees and information moving from one employer to another
Continue Reading EBG and ACC Co-Hosted Event – What’s New in the Area of Trade Secrets and Non-Competes, Particularly in the Financial Services and Health Care Industries