11th Circuit Upholds Trial Court’s Rejection of Liquidated Damages in Trade Secret Case | Seyfarth Shaw

Safeguarding trade secrets is typically Rule No. 1 for many companies—particularly technology companies. Therefore, when a company needs to share its highly-guarded trade secrets with a subcontractor in order to complete a project together, most companies understandably require the subcontractor to enter into a confidentiality agreement that includes a non-disclosure provision. Many of those confidentiality agreements also include a liquidated damages provision that is triggered by the subcontractor’s breach.

The benefits of including a liquidated damages provision are obvious. Often times it is extremely difficult—if not impossible—to calculate the precise, actual damage resulting from a breach. In these situations, a

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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Dawn Mertineit to Present Webinar on Drafting and Enforcing Restrictive Covenants in Multiple Jurisdictions | Seyfarth Shaw

On Thursday, January 19 at 10 am Eastern, Boston partner Dawn Mertineit is presenting a webinar for the Federal Bar Association and myLawCLE. The “Drafting and Enforcing Restrictive Covenants in Multiple Jurisdictions” webinar covers best practices and key tips for businesses with employees in multiple jurisdictions, from drafting restrictive covenants agreements, implementing a plan to roll those agreements out, and enforcing those agreements should an employee breach them .

Key topics include:

  • Whether to use a single agreement for various jurisdictions, or multiple different agreements
  • Which states have a choice of law or forum provisions to be aware of
  • Which

Comments on FTC’s Proposed Rule Banning Non-Competes With Employees and Workers Now Due March 20th | Seyfarth Shaw

The FTC’s proposed rule banning non-competes with employees and workers has now been published in the Federal Register.

The rule would provide that non-compete clauses are an unfair method of competition and as a result, the rule would ban employers from entering non-compete clauses with their employees and workers (defined by the FTC to include independent contractors and others). The rule would require employers to accept existing non-compete clauses with workers and actively inform their employees that the contracts are no longer in effect. The rule would include a limited exception for non-compete clauses between the seller and buyer of

Texas Court of Appeals Affirms Summary Judgment in Physician Staffing Case Citing Lack of Damages Evidence | Seyfarth Shaw

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

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 …

Class action lawsuit filed on behalf

Investors can contact the law firm at no cost to learn more about recovering their losses

LOS ANGELES, June 29, 2022 (GLOBE NEWSWIRE) — The Portnoy Law Firm advises IonQ, Inc. (“IonQ” or “the Company”) (NYSE: IONQ) investors that a class action filed on behalf of investors. IonQ investors who lost money on their investment are encouraged to contact Lesley Portnoy, Esq.

Investors are encouraged to contact attorney Lesley F. Portnoy, by phone 844-767-8529 or email: [email protected], to discuss their legal rights, or click here to join the case via www.portnoylaw.com. The Portnoy Law Firm can provide a free case

Nicely-known Charleston SC lawyer David Aylor died at 41

David Aylor

David Aylor

Photograph courtesy of David Aylor Legislation Workplaces

David Aylor, a widely known Charleston legal professional, has died, in keeping with his regulation agency.

Aylor was 41. The Charleston County Coroner’s Workplace didn’t instantly reply to a request for remark.

A explanation for demise was not instantly out there.

A number of media experiences stated Aylor was discovered useless at his downtown Charleston dwelling Monday.

“David was identified for his beneficiant and useful spirit. He cared deeply for his workers and purchasers. He handled us all like household. David’s legacy of grit, exhausting work, and group focus