Law and the Workplace

Category Archives: Non-Competes and Protection of Corporate Assets

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Click Here — 3rd Circuit Enforces Restrictive Covenants Tied to Electronic Acceptance of Stock Award

On February 7, 2017, the Third Circuit affirmed a partial preliminary injunction order barring two former ADP employees from soliciting customers for their new employer for one year. This decision is notable as it affirmed the propriety of electronic acknowledgements and rejected a creative challenge to ADP’s electronic signature system. See ADP, LLC v. Lynch, … Continue Reading

Illinois Prohibits Non-Compete Agreements with Low-Wage Employees

Effective January 1, 2017, the Illinois Freedom to Work Act (the “Act”) will prohibit private sector employers from entering into non-competition agreements with employees earning a “low wage.”  The Act defines low-wage employees as those who earn the greater of: (a) the federal ($7.25 per hour), state ($8.25 per hour), or local (currently, $10.50 per … Continue Reading

Proskauer Releases Survey Results on Value Insights: Delivering Value in Labor and Employment Law

Proskauer’s Labor and Employment Law Department is pleased to announce the release of its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives … Continue Reading

President Signs Defend Trade Secrets Act Into Law

Today (May 11, 2016), President Obama signed the Defend Trade Secrets Act (“DTSA”) into law, for the first time creating a federal cause of action for trade secret misappropriation.  The law has sweeping implications and is expected to have a noticeable impact on trade secret jurisprudence.  In addition, the law adds new obligations for employers … Continue Reading

Congress Passes A New Law Providing A Federal Cause Of Action For The Misappropriation of Trade Secrets

On April 11 and April 27, 2016, the Senate and House, respectively, passed the Defend Trade Secrets Act of 2016 (DTSA).  The DTSA, for the first time, provides a federal cause of action for the misappropriation of trade secrets.  This significant development has large implications for companies and employers nationwide.  As such, Proskauer has prepared … Continue Reading

Illinois Restrictive Covenants Harder to Enforce Post-Fifield and Montel

Illinois employers are still reeling from the Illinois Supreme Court’s refusal to review the decision in Fifield v. Premier Dealer Services, Inc., No. 1-12-0327 (Ill. App. Ct., 1st Dist. June 24, 2013).  In Fifield, the First District Appellate Court ruled that employee non-competition and non-solicitation agreements supported by consideration consisting of less than two years … Continue Reading
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