The Library

Consider the following hypothetical: Ivan is an important employee of the ABC Company in Virginia. Ivan has been employed by ABC for 4 years and has learned a great deal of proprietary information. He is not subject to a non-compete agreement, but has signed an agreement not to disclose confidential information. With no prior notice, Ivan has unexpectedly tendered his immediate resignation. You have heard from a reliable source that Ivan has accepted employment with XYZ Company in Virginia, an aggressive and fairly new competitor. ABC’s President is livid. She believes that Ivan will “inevitably” use or disclose ABC’s trade […]

Under the Defend Trade Secrets Act (“DTSA”), signed into law by President Obama on May 11, 2016, private employers now have a powerful and unprecedented tool to help them in the fight against trade secret misappropriation. As previously mentioned in Part I of this series, the DTSA provides a unique remedy which was never an option under the Uniform Trade Secrets Act.[1] This remedy is an ex parte seizure provision which allows for “the seizure of property necessary to prevent the propagation or dissemination” of trade secrets. Ex parte means that an employer may petition a court to seize the […]

The recent case of Lopez-Rosario v. Habib, 785 S.E.2d 214 (2016), demonstrates the sometimes devastating consequences of an Order that does not fully reflect what transpired at a hearing. In 2010, the parents of Ms. Lopez-Rosario, an adult, petitioned the Loudoun County Circuit Court to be appointed guardians of their child. The reason for the petition was that “Ms. Lopez-Rosario ‘[was] an incapacitated individual’” and needed someone to make medical decisions for her. While the facts of the underlying guardianship proceeding made clear that the purpose of having the parents appointed as guardians “was to enable Lopez-Rosario’s parents to make […]

One important new feature of the Defend Trade Secrets Act of 2016 (DTSA) is the duty imposed on employers to notify “employees” of the whistleblower and anti-retaliation protection provisions of the DTSA. In 18 U.S.C. § 1833(b)(3)(A), any agreement entered into or updated after May 11, 2016 with an “employee” that includes a provision that governs the use of confidential information must include a provision that explains the new criminal and civil liability immunity provisions provided to whistleblowers and the provision that expressly allows employees to use trade secret information in anti-retaliation lawsuits. This provision makes it clear that “any” […]

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996 (EEA) (18 U.S.C. § 1831, et. seq.). The EEA has allowed federal prosecutors to bring criminal charges for the theft of trade secrets, but until the DTSA, there was no federal civil claim for damages or equitable relief. The DTSA addresses this problem and grants private companies (and other trade secret owners) the right to bring a civil suit to protect their trade secrets and recover damages, so long as the trade secret relates to a product […]

Happy (almost) summer. Before you head to the beach for a well-deserved vacation, we post this short article to update you on several substantive developments in the employment law world. New Overtime Regulations Effective December 1. As you know, the DOL has published its new overtime regulations that will take effect December 1,2016.  The key provision is that an employee needs to earn at least $47,476 per year to be exempt from the federal overtime requirements.  Gentry Locke recently hosted a webinar on the new regulations.  Please contact us if we can assist your organization in any way. EEOC Publication on […]