Ethical Issues for Attorneys Regarding Restrictive Covenants

our colleagues Peter A. Steinmeyer, Erik W. Weibustand Angel A. Perez co-authored an article in Thomson Reuters Practical Law’s The Journalentitled “Restrictive Covenants: Ethical Issues for Attorneys.”

Following is an excerpt:

Companies across the US commonly use non-compete agreements and other restrictive covenants to protect the company’s legitimate business interests. These agreements are used with employees at all levels but often focus on those with access to the company’s trade secrets and confidential information. In-house attorneys, in particular, may take on non-legal, business roles that expose them to sensitive information that the company seeks to protect from …

SHAREHOLDER ALERT: Pomerantz Law Firm Investigates Claims On Behalf of Investors of Sunlight Financial Holdings Inc.

NEW YORK, Jan. 30, 2023 /PRNewswire/ — Pomerantz LLP is investigating claims on behalf of investors of Sunlight Financial Holdings Inc. (“Sunlight” or the “Company”) (NYSE: SUNL). Such investors are advised to contact Robert S. Willoughby at [email protected] or 888-476-6529, ext. 7980.

Fighting for victims of securities fraud for more than 85 years (PRNewsfoto/Pomerantz LLP)

The investigation concerns whether Sunlight 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 September 28, 2022Sunlight issued a press release “announc[ing] that an installer liquidity event and volatile interest rates will impact its full-year 2022 financial performance”

The Allendale school board considers hiring multiple law firms to represent the district

OTTAWA COUNTY, MI – The Allendale Board of Education is considering hiring other law firms to represent the district in addition to the Kallman Legal Group, which was recently hired as the district’s legal counsel in a split vote this month.

At a work session Monday, Jan. 23, the board discussed the possibility of hiring more than one law firm to ensure the school district has access to legal expertise on a wide range of specialized areas, such as the handling of school elections, bond refinancing, Title IX issues and more.

The discussion over the district’s legal needs on Monday

Kessler Topaz Meltzer & Check, LLP Reminds Investors of February 10, 2023 Deadline in Securities Fraud Class Action Lawsuit against Twist Bioscience Corporation

RADNOR, Pa., Jan. 21, 2023 /PRNewswire/ — The law firm of Kessler Topaz Meltzer & Check, LLP informs investors that the firm has filed a securities class action lawsuit against Twist Bioscience Corporation (“Twist”) (NASDAQ: TWST) on behalf of investors who purchased or acquired Twist common stock between December 13, 2019 and November 14, 2022, inclusive (the “Class Period”). This action, captioned Peters v. Twist Bioscience Corporation, et al., Case No. 3:22-cv-08168, was filed in the United States District Court for the Northern District of Californian and is assigned to the Honorable Edward J. Davila.

KTMC (PRNewsPhoto/Kessler Topaz Meltzer & Check)

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Companies That Use Noncompetites Face Increased Risk of Government Action Following FTC’s Unilateral Expansion of Its Enforcement Powers

Maybe we were wrong. Or perhaps we were just not thinking creatively enough. After President Biden issued his “Executive Order on Promoting Competition in the American Economy,” in which he “encourage[d]” the Federal Trade Commission (FTC) to “consider” exercising its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” we assumed that Lina Khan, the 33- year-old Biden-appointed Chair of the FTC (and a vocal opponent of non-competes), would take the torch and propose a Rule prohibiting, or at the very least severely limiting, the use of …

FTC Proposes to Sweep Away All Noncompetites in Unauthorized Federal Power Grab

our colleagues Erik W. Weibust, Peter A. Steinmeyer, and Stuart M. Gershon co-authored an article in the legal backgrounder, published by the Washington Legal Foundation, titled “After 200+ Years Under State Law, FTC Proposes to Sweep Away All Noncompetites in Unauthorized Federal Power Grab.”

Following is an excerpt:

For over 200 years, the regulation of non-competition agreements (“non-competitions”) has been entirely the province of state law. Forty-seven states currently permit noncompetes, and the most recent state to ban them was Oklahoma in 1890. Yet the Biden Administration and its activist Federal Trade Commission (“FTC”) Chair want to do exactly that …

The Defend Commerce Secrets and techniques Act and The way it Differs from State Commerce Secret Legal guidelines

The Defend Commerce Secrets and techniques Act (DTSA) was enacted in 2016. The DTSA permits an proprietor of a commerce secret to sue in federal courtroom when searching for reduction for commerce secret misappropriation associated to a services or products in interstate or overseas commerce, and doesn’t preempt any state legislation. A aim of the DTSA is to “present a single, nationwide commonplace for commerce secret misappropriation with clear guidelines and predictability for everybody concerned.” S. Rep. No. 114-220, at 14 (2016). For almost all of the time, this aim is upheld. Other than establishing a relation to a services

Webinar Recap! Managing Trade Secrets in a Remote Work Environment | Seyfarth Shaw

In Seyfarth’s third installment in the 2023 Trade Secrets Webinar Series providing valuable insights into navigating this evolving landscape, Seyfarth attorneys covered a range of topics, including the latest technology threats, the importance of communication and training, revisiting confidentiality policies, alternative trade secret protections, and updating restrictive covenant agreements. Here are the key takeaways from the Seyfarth webinar:

  1. Staying Informed about Technology Threats: Employers must stay up to date with the latest technology employees can use to misappropriate sensitive data. This includes being aware of potential tools and methods that could compromise trade secrets. Equally important is keeping abreast of