Articles Posted in Trade Secrets and Restrictive Covenants

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I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. Continue reading

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For one of the most employee-friendly states in the country, the current state of play in New Jersey for restrictive covenant agreements like non-competes and non-solicits is employer-friendly. Although your mileage may vary by judge, most will enforce reasonable contracts of up to two years with a geographical footprint that coincides with where the company does business. Continued employment is sufficient consideration, and if the agreement is too broad, the judge can reform it.

Those days may be ending soon. Continue reading

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A little over five years ago, TikTok, the social networking platform where users post videos ranging in length from 15 seconds to three minutes, was born. Now, I know that it’s hard to keep up with technology. But if your employee handbook doesn’t specifically reference TikTok — and I’m not just talking about your social media policy — then you, or your employees, or perhaps both, are looking for trouble.

Just ask a former flight attendant for a major airline. Continue reading

I warned — didn’t I? — you that President Biden was preparing to tell the Federal Trade Commission to either ban or curtail private employers from using non-competition agreements. Continue reading

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Image by Tayeb MEZAHDIA from Pixabay

I’ve been revising a lot of NDAs recently — not to be confused with N.W.A.s. Although, sometimes, I do listen to N.W.A. while updating nondisclosure agreements.

My curious legal listening habits notwithstanding, there is a practical employment law point I’d like to make here. And it involves sex toys.

Really, Eric?!?

Continue reading

I’ve seen a lot of ink spilled by employment lawyers about how #MeToo, new overtime rules, medical marijuana, and salary history questions will be the significant issues with which employers would have to deal in 2020.

The Federal Trade Commission and I have other ideas. Continue reading

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