News

Arkansas Appellate Decision Bolsters Enforceability of Non-Competes

A recent decision from an Arkansas appellate court raises two important issues of enforceability of non-competition agreements: (1) the enforceability of a non-compete after expiration of the contractual non-compete period and (2) the applicable standard for determining whether a valid protectable interest exists.

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Supreme Court Upholds IPR Constitutionality, Finds All Challenged Claims Must Be Reviewed

The United States Supreme Court issued its much-anticipated ruling today, April 24, 2018, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC that challenged the constitutionality of inter partes review (IPR) proceedings created by Congress in the 2011 America Invents Act (AIA), under which issued patents may be cancelled by the Patent Office without a trial in a District Court. In a 7-2 decision authored by Justice Thomas, the Supreme Court upheld the constitutionality of these procedures, with Justices Gorsuch and Roberts dissenting.

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Arkansas Appellate Decision Bolsters Enforceability of Non-Competes

A recent decision from an Arkansas appellate court raises two important issues of enforceability of non-competition agreements: (1) the enforceability of a non-compete after expiration of the contractual non-compete period and (2) the applicable standard for determining whether a valid protectable interest exists.

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Lexpert rankings: Benjamin Prud’homme joins RSS’s roster

April 24, 2018 — The 2018 edition of the Lexpert directory once again recognizes the excellence of the firm and its lawyers, with Benjamin Prud’homme joining the list of ranked lawyers.

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Cybersecurity and data privacy attorney Dominic Paluzzi named to Cybersecurity Docket’s 2018 Incident Response 30

Dominic A. Paluzzi, the co-chair of McDonald Hopkins’ national Data Privacy and Cybersecurity Practice Group, has been named to Cybersecurity Docket’s 2018 Incident Response 30, a list of the 30 “best and brightest” data breach response attorneys and compliance professionals in the industry “who not only have the right stuff to manage a data breach response, but are also the kind of professionals critical to have on speed-dial when the inevitable data breach occurs.” Dominic was a recipient of the inaugural Incident Response 30 list in 2016.

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South Dakota Supreme Court Limits Enforceability of Non-Solicitation Clause in Non-Compete Agreement

Whenever possible, restrictive covenants should be carefully worded to track the language of applicable law in the jurisdiction where they will be enforced. The South Dakota Supreme Court’s recent decision in Farm Bureau Life Insurance Co. v. Dolly provides a strong reminder of this lesson.  The case concerned an action by Farm Bureau to enforce a restrictive covenant against Ryan Dolly who had worked for Farm Bureau as a captive life insurance agent. Dolly’s contract with Farm Bureau contained a restrictive covenant providing that Dolly would “neither sell nor solicit, directly or indirectly…any insurance or annuity product, with respect to any policyholder of [Farm Bureau]… for a period of eighteen (18) months following the termination of” his contract.

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Massachusetts Employers’ Ability to Inquire into Job Applicants’ Criminal History Further Curbed

Massachusetts employers should take note of a provision in the Massachusetts criminal justice reform law – signed into law last week – that amends the type and scope of questions an employer may ask an applicant about his or her criminal history following an “initial written employment application.”

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Seventeen Epstein Becker Green Attorneys Named to 2018 Washington DC Super Lawyers and Rising Stars Lists

Washington, DC (April 23, 2018) – The national law firm of Epstein Becker Green (EBG) is pleased to announce that seventeen attorneys based in the firm’s Washington, DC, office have been selected for the 2018 Washington DC Super Lawyers and Rising Stars listsThese attorneys join colleagues in EBG’s Chicago, Los Angeles, Newark, and Princeton offices who were selected for other regionalSuper Lawyers and Rising Stars lists earlier this year. All of the EBG attorneys recognized are listed below.

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“Janitor Problem” Sinks Illinois Non-Compete

We non-compete lawyers often rely on an old rule of thumb when analyzing the enforceability of a non-compete: if the restriction is so broad that it would even prohibit an employee from working as a janitor for a competitor, then it is very unlikely to be enforced by a judge. And so when a federal judge expressly endorses such a rule of thumb, the urge to blog about it is simply irresistible.

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You Told a Lawyer Something, or Copied Them on an Email … Privileged or Not?

Following the FBI’s recent raid of the office and home of Michael Cohen the bounds of the attorney-client privilege have become a topic of debate and discussion. During the raid, the FBI seized business records, documents, recordings, and emails. Earlier this week, Judge Kimba Wood for the Southern District of New York ruled that the U.S. Attorney’s Office for the Southern District of New York could review the documents seized with a special team in place to review for privilege despite Mr. Cohen’s objections to this process.

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