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Category Archives: Employee Raids

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Two Things You Can Do To Reduce the Likelihood That Your Company Will Be Found Liable For Conspiring Or Aiding And Abetting In An Employee’s Breach of Duty To A Former Employer

Posted in Breach of Fiduciary Duty/Duty of Loyalty, Covenants Not to Compete in California, Covenants Not to Compete in Other Jurisdictions, Employee Raids, Hiring a Competitor’s Employees, Other Restrictive Covenants, Protecting Trade Secrets and Other Business Information, Unfair Competition

When companies sue their former employees for theft they often claim that the former employee’s new employer has conspired with the former employee to misappropriate trade secrets, or that that new employer has aided and abetted the former employee’s breach of duty he/she owed to his/her former employer. Like Woodward and Bernstein, liability “follows the… Continue Reading

Senate and House of Representatives Pass the Defend Trade Secrets Act

Posted in Covenants Not to Compete in California, Covenants Not to Compete in Other Jurisdictions, Employee Raids, Hiring a Competitor’s Employees, New Legislation, Other Restrictive Covenants, Protecting Trade Secrets and Other Business Information, Unfair Competition

Senate and House of Representatives Pass the Defend Trade Secrets Act (DTSA).  First federal trade secret bill awaiting presidential signature.  More details can be found at the following Forbes article:  “The New Defend Trade Secrets Act is the Biggest IP Development in Years,” dated April 28, 2016.

Trade Secret Preemption Revisited

Posted in Employee Raids, Hiring a Competitor’s Employees, Protecting Trade Secrets and Other Business Information, Unfair Competition

This blog has periodically visited the issue of preemption in trade secret cases.  Preemption arises when a plaintiff alleges common law causes of action (such as conversion or interference with economic relations) with a trade secret misappropriation claim that is based on the “same nucleus of facts.”  California courts have repeatedly held that California’s Uniform… Continue Reading

California: 5 Things to Know Before You Hire or Recruit Your Competitor’s Employees

Posted in Employee Raids, Hiring a Competitor’s Employees, Protecting Trade Secrets and Other Business Information

You Hire A Top Performing Employee From Your Competitor And Then She Brings Along “Her Team.” You’ve been working for months to recruit a competitor’s star employee. She arrives at your office telling you that she resisted counteroffers and is now on board. Almost immediately, her cell phone begins to ring. Subordinates and co-workers from… Continue Reading

California: 5 Things to Know When a Competitor Hires Your Employees

Posted in Employee Raids, Protecting Trade Secrets and Other Business Information

You Lose A Key Employee; And Then Another And Another …    One of the company’s highest paid employees has decided to look for greener pastures or even start her own company. She is an “at will” employee without a specific written agreement for a set term. She knows your customers and how to handle and… Continue Reading