Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Can Employers Sue Employees Under the CFFA?
Imagine the following hypothetical (one most employers would agree constitutes a “nightmare scenario”), with apologies to “Back to the Future”: Your company, McFly Industries, which develops, manufactures and sells hoverboards, just celebrated its fifth anniversary after having its most successful year ever. In the highly competitive hoverboard industry, you have managed to beat the competition and grab a larger slice of the hoverboard market, surpassing your fiercest competitor, Biff Incorporated. This development is largely due to your company's development of the Flux Capacitor, which has given McFly Industries' hoverboard superiority over its rivals' boards, and allows it to reach top-end speeds (once clocked at 88 miles per hour in an unofficial test).
However, your elation is short-lived. Late on a Friday afternoon, you receive nearly identical e-mails from your top engineer, Doc, who was responsible for development of the Flux Capacitor, and Marty, your crack Sales Director, informing you they are resigning effective immediately. Then, over the weekend, you learn through industry sources that they are going to work for Biff, and may have been planning to go work for Biff Incorporated for some time. Even worse, on Monday your lawyer, Strickland, informs you that neither Doc nor Marty signed a non-competition or non-solicitation agreement, meaning they are free to compete against you virtually unfettered. You do some digging, and sure enough Marty and Doc have been sending e-mails to their personal e-mail accounts, which you suspect contain confidential McFly Industries information ' including files related to the Flux Capacitor ' that they will use to compete against you at Biff Incorporated.
This premium content is locked for LJN Newsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.