Florida Non-Competes and the NCAA Tournament Sweet Sixteen

After a wild weekend of some predictably close games and some stunning upsets, the original 68 teams vying to play among “bracketology’s” fortunate 64 are now whittled down to the sixteen teams left standing. The President of the United States picked Villanova to play deep into the tournament. Alas, a scrappy NC State Wolfpack team […]

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SEC Sweep on NDAs Restricting Whistleblowers

The Wall Street Journal reported Thursday that the SEC is in the midst of a sweep to crack down on companies’ use of NDAs or employment agreements that might impede whistleblower reporting in violation of Dodd-Frank amendments. Wall St. J. at C1 (Feb. 26, 2015). We reported last November on a letter from eight House […]

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New Year’s Resolution Continued: the Multi-State Non-Compete Agreement

With (most of) 2015 ahead, it is an opportune time to continue with our theme of employee non-compete agreements and resolving to review, assess and update your company’s agreements as a critical component of your ongoing and vital asset protection program. It goes without saying that an otherwise good start to the new year can […]

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Supreme Court Changes Standard Of Review For Patent Claim Construction Rulings

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. – No. 13-854 – January 20, 2015 In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard with a “clearly erroneous” standard. Teva […]

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New Year’s Resolution: Review Non-Compete

With the holidays around the corner, college football “Bowl Season” ramping up, and the singing of Auld Lang Syne within earshot, many employers not in the retail or travel businesses are wrapping up 2014 and preparing to start off 2015 with a strong first quarter. Some businesses shut down for the week between Christmas and […]

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Business Method Patents Live! – Federal Circuit Finds First Patent That Survives Post-Alice Analysis

DDR Holdings, LLC. v. Hotels.com, L.P., et al., No. 2013-1505 (December 5, 2014) (Wallach, Mayer, and Chen) Since the Supreme Court issued its June 2014 decision in Alice Corp. v. CLS Bank International,[1] federal district courts, the Court of Appeals for the Federal Circuit, and the United States Patent & Trademark Office have been invalidating […]

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Federal Circuit Reverses Course, Affirms Patent Ineligibility Ruling in View of Surpreme Court Alice Decision

Ultramercial, Inc. et al. v. Hulu, LLC, et al., No. 2010-1544 (November 14, 2014) (Lourie, Mayer, and O’Malley) On November 14, 2014, after twice before reversing the lower court’s dismissal of Ultramercial’s complaint for failing to claim statutory subject matter, the Federal Circuit agreed with the lower court that Ultramercial’s patent claims are ineligible under […]

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Non-Competition Agreements: Black Friday, Cyber Monday or Bust

This is one of those funny calendar years where Thanksgiving tucked itself deep into the month of November, leaving far too little time for people to contemplate the upcoming holidays and whether or not it’s actually appropriate to wear that 1980’s – style sweater to the office. (As an aside, you may have convinced yourself […]

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Crackdown on Employer NDAs Without Whistleblower Protections

An October 27 letter from Rep. Maxine Waters and seven other House Democrats (from the Financial Services & Oversight Committee) asked the SEC to double down on scrutiny of employer confidentiality agreements that might violate whistleblower protections. Whistleblower and Enforcement staff from the Commission already were focused on the issue through Enforcement’s Foreign Corrupt Practices […]

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Halloween Scares and Non-Compete Agreements

Halloween is always a great time for adults and children. Just think about it, for at least one night we intentionally abandon every notion we teach our children about taking candy from strangers, not acting deceptively, not scaring people unnecessarily and otherwise not acting like little hellions. Indeed, we encourage the opposite. Scary little monsters […]

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