Many companies have been taking advantage of the economic turmoil caused by the pandemic to poach employee talent that they otherwise would not have been able to recruit or afford. Companies that have experienced layoffs, furloughs, salary reductions or bonus freezes, are particularly vulnerable to raiding attempts by their competitors.
Author: Leiza Dolghih
I advise my clients on how to reduce their exposure to litigation through properly drafted agreements and well-designed business practices, and I also help them litigate and arbitrate any business and employment disputes, when they arise.
Emerging COVID-19 Legal Challenges for Staffing Agencies and Possible Solutions
On September 25, 2020, I will be presenting a lunch-and-learn webinar on emerging Covid-19 legal challenges for staffing agencies and possible solutions, organized by the National Association of Personnel Services. The presentation will focus on the new challenges that that staffing and personnel placement firms face due to COVID-19, from FMLA leave and ADA issues, to OSHA and CDC compliance issues, to the indemnification and force majeure issues in contracts with clients.
Protecting Trade Secrets in the CANNABIS Industry
Given the difficulty of protecting intellectual property related to cannabis and cannabis-based products with patents, copyrights and trademarks, any company in the cannabis industry should formulate a trade secrets protection plan from the very outset of the business, in order to ensure that the proprietary information at the center of its business does not lose its confidential status down the road.
WHY ALL POST-MAY 2016 EMPLOYMENT AGREEMENTS MUST INCLUDE A DTSA IMMUNITY CLAUSE
If an employment agreement entered after May 11, 2016, does not contain an immunity notice, employer can sue an employee for trade secrets misappropriation, but will not be able to recover its attorneys fees or obtain an award of punitive damages.
PROTECTING TRADE SECRETS IN THE TIMES OF THE PANDEMIC
Since trade secrets are not registered with the government, like patents or trademarks, companies must take proactive measures to preserve them. Those who fail to take reasonable measures, risk finding out down the road (usually in court, when the try to recover stolen trade secrets from a rogue employee) that their information has lost its trade secrets status.
Can a Salary Reduction Make a Non-Compete Invalid?
An employer cannot wrongfully breach a provision of an employment contract that is favorable to the employee (such as reducing his wages without his consent and without contractual authority to do so) an then go into a court of equity to secure, by injunction, the enforcement of another provision favorable to it.”