Don’t Let Your Nondisclosure Provisions Convert Your Employment Agreement Into An Unenforceable Non-Compete

Nondisclosure, Non-Compete, Fay v. Total Quality Logistics, DTSA

In Fay v. Total Quality Logistics, LLC, the South Carolina Appellate Court determined that the confidentiality provision in an employment agreement was so broad that it needed to be reviewed under the standards applicable to non-competition agreements and, because it lacked a durational provision, held it unenforceable.   Continue reading

2016 Trade Secret/Restrictive Covenant Year-In-Review

2016, DTSA, Illinois, White House, Guidance to HR

Having flipped the calendar over to a new year, here’s a look back at some of the developments in trade secrets and restrictive covenants that shaped the law in 2016. Some major developments came not from the courts, but from the legislative and executive branches—both federal and state.
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Not So Freak[in] Fast—Court Dismisses Challenge to Jimmy John’s Non-Compete Agreements

jimmy-johns

Jimmy John’s received less than favorable publicity in the fall of 2013 when published reports described the sandwich chain’s requirement that its sandwich-makers sign Confidentiality and Non-Competition Agreements before they could prepare your turkey sub. The agreement prohibited, in part, employees from working at food service venues which derive 10% or more of their sales from the sale of sandwiches, submarines, or wraps within a three-mile radius of any Jimmy John’s for two years after the Jimmy John’s employment ends.  Continue reading