With the holidays behind us and our calendars flipped over to 2019, we’re taking a look back at some key trade secrets developments of the past year. Here are some of the big cases and legislative developments from 2018. READ MORE
Stephanie Gail Lee
Stephanie helps clients navigate the intricate and rapidly evolving world of employment litigation.
Clients feel at ease knowing that Stephanie will work tirelessly to guide them through wage-and-hour class and representative actions, as well as single-plaintiff litigation involving claims of whistleblower retaliation, fraudulent inducement and breach of contract. Companies, particularly those in employee-friendly states such as California, must contend with an ever-changing array of procedural tools and laws, and rely on Stephanie to serve as a trusted advisor. In addition to legal nuances, the high-profile matters Stephanie handles are further complicated by reputational risk. To deliver a clear path through these complexities, Stephanie works with her team to carefully and creatively balance each case’s dangers, opportunities and impact.
She has managed matters from start to finish and has litigated cases in federal and state courts, as well as before various administrative agencies. She also helps her clients avoid litigation by counseling on wage-and-hour compliance, terminations and severance agreements, non-compete and non-solicitation covenants and employee handbook provisions.
Posts by: Stephanie Lee
The law in California is well settled that, with few exceptions, non-compete agreements are unenforceable. Less clear is whether and to what extent employee non-solicitation and no-hire agreements can withstand a court’s scrutiny. These types of agreements often exist between employers and employees, as well as between employers themselves. And while non-solicitation provisions containing broad language prohibiting direct or indirect solicitation are common, there is significant confusion over the extent of their enforceability in California. Are these agreements enforceable? As is often the case, the answer is “it depends.” Fortunately, there are a handful of published appellate cases highlighting the fine distinctions that guide the analysis: READ MORE
On April 20, 2017, the New York Court of Appeals issued a brief order continuing former Goldman Sachs programmer Sergey Aleynikov’s eight-year voyage through the state’s and country’s legal systems. Here’s the issue: does making a digital copy of misappropriated source code instead of physical copy constitute a “tangible reproduction or representation” of the source code? READ MORE
Christopher Hughes worked for Age Industries, Ltd. (“AI”) for nearly 20 years. He was the general manager of one of AI’s branch facilities and a limited partner of the company. In this role, Hughes had access to much of AI’s proprietary and trade secret information, including specialized customer pricing information, financial reports, and business strategies. After leaving AI, Hughes became the operations manager of a new competitor in the corrugated packing materials market—Diamondback Corrugated Container, LLC. READ MORE
Jimmy John’s can’t seem to escape the limelight. Last year, the company made headlines (discussed here) when employees hit it with a putative class action lawsuit seeking to invalidate their non-compete agreements. The District Court determined that the employees did not have standing to pursue their claims, and never reached the issue of whether the non-competes were valid. Just last month, the Illinois Attorney General filed suit against Jimmy John’s over the same non-compete agreements. READ MORE