Business and Corporate Law

• Trade Secrets
• Unfair Competition
  Littler’s Unfair Competition and Trade Secret Practice Group is closely monitoring these decisions and companies are strongly encouraged to consult with counsel to discuss the parameters of any existing or contemplated agreements containing forfeiture for competition provisions or other restrictive covenants.

Employment Law

• Workers Compensation
• Employment Discrimination
  While the Act precludes discrimination based on a person’s use or non-use of cannabis, it does not expressly provide a private right of action redressing perceived employment discrimination against lawful cannabis users.  In the case before the Third Circuit, a job applicant was denied employment due to a failed drug test, and sought relief on behalf of himself and a putative class of job applicants based on the alleged violation of the Act.  In a case of first impression, the district court had granted the defendant’s motion to dismiss, finding there was no implied private right of action under the Act, and the Third Circuit has affirmed the ruling.
• Employment Contract
  In response to two questions certified by the 7th Circuit, the Delaware Supreme Court clarified that forfeiture-for-competition provisions in employment agreements are subject to a looser review standard.
• Employment Litigation
  Draft ownership of employment issues matrix (to distinguish between employee issues that require a formal investigation or increased HR/ER review and support)
• Non-compete Agreement
  NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA and alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.
• Sexual Harassment