Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023.

The likely continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023. In short, we expect an uneven year where some litigation booms and some busts. As was true last year, the trick to navigating the upcoming challenges will require clients and their counsel to be adaptive, creative and proactive.

Join us for a three-part webinar serieswhere members of our Commercial Litigation practice

In the second installment of the 2023 Trade Secrets Webinar Series, Seyfarth attorneys reviewed noteworthy legislation, cases, and legal developments from across the nation over the last year in the areas of trade secrets and data theft, non-competes and other restrictive covenants, and computer fraud. Plus, they provided predictions for what to expect in 2023.

As a conclusion to this webinar, we compiled a summary of takeaways:

• The FTC’s attempted regulation of employment non-competes as part of its rulemaking powers is unprecedented in the 109 years since its creation in 1914. The FTC bases its rulemaking authority on Section 5

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue . The NPRM followed just one day after the FTC announced that it had reached a consent settlement with three companies for alleged unfair trade practices by imposing overly burdensome non-compete agreements.

Not surprisingly, the NPRM has sparked a surge of commentary in the legal and business communities and immediately courted controversy. The sole Republican member of

On January 4, 2023, the Dallas Court of Appeals in Texas affirmed a summary judgment in a trade secrets physician staffing case that stands as a warning to practitioners regarding (1) what constitutes sufficient damages evidence to survive summary judgment, and (2) whether something can be considered on appeal that has been sealed or subject to a confidentiality agreement.

backgrounds

In March 2017, hospital staffing company Emergency Staffing Solutions Inc. (“ESS”) sued its two former employees, Harvey and James, for breach of their non-competition agreements by virtue of their new employment with its competitor, Concord, and solicitation of ESS’s customers

NEW YORK, Jan. 12, 2023 /PRNewswire/ — Pomerantz LLP is investigating claims on behalf of investors of Twist Bioscience Corporation (“Twist” or the “Company”) (NASDAQ: TWST). Such investors are advised to contact Robert S. Willoughby at [email protected] or 888-476-6529, ext. 7980.

The investigation concerns whether Twist and certain of its officers and/or directors have engaged in securities fraud or other unlawful business practices.

[Click here for information about joining the class action]

On November 15, 2022, Scorpion Capital published a short report on Twist (the “Scorpion Report”). The Scorpion Report described Twist as “[t]he latest miniaturized ‘lab-on-a-chip’ scam,

NEW YORK, Jan. 6, 2023 /PRNewswire/ —

WHY: Rosen Law Firm, a global investor rights law firm, reminds purchasers of the securities of NewAge, Inc. (NASDAQ: NBEV) (OTC: NBEVQ) between January 18, 2018 and October 18, 2022both dates inclusive (the “Class Period”), of the important February 6, 2023 lead plaintiff deadline in the securities class action commenced by the Firm.

SO WHAT: If you purchased NewAge securities during the Class Period you may be entitled to compensation without payment of any out of pocket fees or costs through a contingency fee arrangement.

WHAT TO DO NEXT: To join