Judicial Hellholes Announced for 2018-2019
Published on January 22, 2019
The American Tort Reform Foundation has issued its eagerly awaited annual Judicial Hellholes report.
UPDATE: NLRB Proposes Joint Employer Rule That Would Overrule Browning Ferris
Published on October 19, 2018
Employers rejoice as the NLRB takes steps to return decades-old joint employer standard.
Suspicion and Speculation Do Not Prove Unlawful Solicitation or Misappropriation of Trade Secrets
Published on May 23, 2018
The Fifth Circuit cautions that a company must provide more than mere speculation to proceed on claims that a former employee breached her non-solicitation agreement and misappropriated trade secrets.
When Your Employee Retention Program Goes Wrong
Published on February 23, 2018
A good employee is an invaluable resource. Smart employers recognize good employees and do what they can to keep them around, but going too far can have unintended consequences.
NLRB Reverses Course On Its Expansive Standard For Joint Employment, Rejects Browning-Ferris Decision
Published on January 10, 2018
The Board has reinstated the prior test for joint employment that requires actual, direct, and immediate control and rejected the standard allowing for reserved or indirect control.
Tenth Circuit Clarifies That There Is No Presumption Of Irreparable Harm For A Preliminary Injunction In A Trade Secrets Case
Published on December 20, 2017
Tenth Circuit holds that a company seeking a preliminary injunction in a trade secrets case must show irreparable harm to obtain the injunction.
Update: U.S. House Passes Save Local Business Act To Restore Joint Employment Standard Of Actual Control
Published on December 13, 2017
While enactment remains far off, Congress has taken a significant step toward overturning the NLRB’s Browning-Ferris decision with this new bill.
Navigating the Transition: What Executives Need to Know Before Preparing to Leave
Published on December 1, 2017
WHITE PAPER: What executives and high level employees should know in order to avoid liability and maintain business relationships before they move from one employer to another.