Category Archives: Litigation

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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As Date Nears for Google v. Uber Trade Secret Trial, Uber Insiders Describe Culture of Espionage and Secrecy

In the year since Google’s autonomous vehicle subsidiary Waymo first leveled allegations that Uber had poached star engineer Anthony Levandowski knowing that he was bringing a raft of stolen trade secrets with him, the contentious litigation has consistently revealed new … 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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Game industry executive’s job-hopping mistake leads to `Game Over’ jury verdict for Facebook/Oculus

Hours after a Dallas jury returned its $500 million verdict for ZeniMax over claims that Facebook and Oculus unfairly used its virtual reality coding, the creator of that code, John Carmack, took to social media to continue his defense. Carmack, … 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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Dialer Beware: Trump Volunteers Must Sign Onerous Agreement to Work Online Phone Bank

Where do I begin? There are so many troubling aspects to the lengthy nondisclosure agreement that Republican presidential candidate Donald Trump is requiring online campaign volunteers to sign that I just had to speak up. The contents of this 2,271-world … Continue reading

Posted in CEOs, Confidential Information, Covenants Not to Compete, Executive contracts, Litigation, Non-Competes, Trade Secrets | Tagged , , | 1 Comment

Massage Envy No More

Houston Chronicle business columnist Chris Tomlinson recently interviewed me about how a woman’s search for a better job landed her in serious legal trouble. The unfortunate story involves Maxie Foster, who worked for years as a receptionist to pay her … 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

UPDATED: Trade Secret Proposal Has Won Over Congress & The President, But Not Me

Who says Congress can’t agree on anything these days? By an overwhelming vote of 410-2, the House recently approved the Defend Trade Secret Act (DTSA). The Senate already has passed the proposal and President Obama is expected to sign it … Continue reading

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