Category Archives: Legal

Fifth Circuit Reminder: Words Matter in Employment Contacts, Restrictive Covenants

Sometimes the most fundamental legal concepts are so basic and intuitive that they tend to fall by the wayside in practice. Case in point is a recent Fifth Circuit opinion throwing out an arbitration agreement because the employer didn’t follow … Continue reading

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Trump-Daniels Affair Exposes Inherent Legal Challenges with Hush Agreements

There are plenty of clues that the so-called “hush agreement” between Donald Trump and porn actress Stormy Daniels (née Stephanie Clifford) was hastily crafted and poorly thought out. Executed just days before the 2016, the non-disparagement agreement has a wealth … Continue reading

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Study Finds Public Losing Patience When CEOs Act Out

Add Hollywood mogul Harvey Weinstein, Amazon’s entertainment chief Roy Price and KB Home’s Jeffrey Mezger to the growing list of executives making headlines for the wrong reasons. One of the most powerful producers in Hollywood, Weinstein was forced out after … Continue reading

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Uber Leadership Vacuum Exposes Strings Attached to Startup Financing

The executive leadership vacuum at Uber and a series of PR missteps and management blunders is exposing the contentious push-pull dynamic between private equity and venture capital investors and startups that usually plays out behind the scenes and rarely makes … Continue reading

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Regional Economies Find Hidden Price of Noncompete Agreements

A recent New York Times article by Conor Dougherty puts a human face on the damaging consequences that result when workers in broad swaths of the economy are required to sign noncompete agreements as a condition of employment. While the … Continue reading

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Picture that text you just wrote on the screen in a courtroom

Executives know better than to put questionable statements in email, right? Well, it is past time to realize the same goes for texts. Just like a Miranda warning: Anything you text can and will be used against you in a court of law. Continue reading

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Considering a New Job? Please Talk to Your Lawyer

Zillow recently reached a whopping $130 million settlement with Realtor.com operator Move Inc. shortly before the two online real estate giants went to trial over alleged misappropriation of trade secrets. While the settlement amount is a far cry from the … Continue reading

Posted in Business Continuity, CEOs, Complaints Against Executives, Confidential Information, Corporate culture, Covenants Not to Compete, Executive Compensation, Executive contracts, Executive Management Style, Fiduciary Duty, Legal, Litigation, Non-Competes, Trade Secrets, Uncategorized | Comments Off on Considering a New Job? Please Talk to Your Lawyer

How to Spot a Possible In-House Trade Secret Thief

My main complaint with how trade secret theft is talked about is the notion that the chief culprits are hackers from China or somewhere similarly opaque. In reality, most trade secret thieves are homegrown, and the tools of the trade are fairly low-tech. Continue reading

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Law360 Kerfuffle Adds to Noncompetes Bonfire

Every few months, a story comes along that reignites the “noncompetes are evil” fervor. Right now, the story du jour is that of Stephanie Russell-Kraft, a freelance reporter who formerly wrote for the legal newswire Law360. She left Law360 – her first job out of college – to take a job at competitor Thomson Reuters Corp. Continue reading

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Another Plug for Keeping Secrets Secret

Just a quick post to follow up on the item I wrote back in June about the hack into the Houston Astros’ Ground Control database by someone within the St. Louis Cardinals’ front office.

We now know the culprit was Chris Correa, a former Cardinals scouting director who recently pled guilty to five counts of accessing Astros computers without authorization from 2013-14. Correa was able to get into the Astros’ database because he had the password of a former Cardinals’ employee who had joined the Astros. Continue reading

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