Health Employment And Labor labor and employment law for the healthcare industry

Category Archives: Non-Competes, Unfair Competition & Trade Secrets

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Employers Under the Microscope: Is Change on the Horizon? – Attend Our Annual Briefing (NYC, Oct. 18)

Employers Under the Microscope: Is Change on the Horizon?

When: Tuesday, October 18, 2016 8:00 a.m. – 4:00 p.m.

Where: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019

Epstein Becker Green’s Annual Workforce Management Briefing will focus on the latest developments in labor and employment law, including:

  • Latest Developments from the NLRB
  • Attracting and Retaining a Diverse Workforce
  • ADA Website Compliance
  • Trade Secrets and Non-Competes
  • Managing and Administering Leave Policies
  • New Overtime Rules
  • Workplace Violence and Active-Shooter Situations
  • Recordings in the Workplace
  • Instilling Corporate Ethics

This year, we welcome Marc Freedman and Jim Plunkett from the U.S. Chamber of Commerce. Marc and Jim will … Continue Reading

Federal Trade Secret Enforcement Initiative Results in Swift Action

By James P. Flynn

In February 2013, the Justice Department announced a federal trade secret enforcement initiative that rested in large part on encouraging American businesses to adopt best practices in the area and diligent pursuit of civil remedies, and on parallel criminal law enforcement.  As noted in the initiative outline, “The Department of Justice has made the investigation and prosecution of corporate and state sponsored trade secret theft a top priority.”

Over the last ten days, events unfolded in New Jersey that showed this new policy initiative to be one involving real action.  Those events began with a timely … Continue Reading

Trade Secret, Proprietary Information, & Regulatory Requirements Concerns Contribute To Veto of New Jersey Social Media Bill

By: James P. Flynn

The New Jersey Legislature was overwhelmingly in favor of a measure that would have barred employers from obtaining social media IDs and other social media related information from employees and applicants. Click here for A2878 as passed.  But Governor Chris Christie vetoed A-2878 because it would frustrate a business’s ability “to safeguard its business assets and proprietary information” and potentially conflict with regulatory requirements on businesses in regulated industries such as finance and healthcare. Click here for the Governor’s Veto Statement. While the Governor thought the bill well-intentioned, he conditionally vetoed it for painting “with too … Continue Reading

Hospital/Physician Employment Agreements – The View from Organized Medicine

Typically, when we blog about physician employment arrangements, we focus on major areas of negotiation, such as compensation, professional liability insurance and termination.  However, when the employment arrangement involves the physician, as employee, and a hospital, as employer, such as when the hospital acquires the physician’s medical practice, some unique additional issues arise.  (Indeed, in a November, 2012 press release, the AMA noted that a survey of final-year residents found nearly 1/3 listed hospital employment as their first choice of practice setting.)  As a result, the House of Delegates of the American Medical Association (AMA), at its … Continue Reading

Critical Issues for Physicians in Post-Acquisition Employment Agreements

For a physician who has spent his or her whole professional life developing and growing a medical practice, the process of selling that practice can be a traumatic experience.  Typically, the physician may focus on the short term, attempting to maximize the price at which the practice will be purchased and the applicable payment terms.  However, the long term happiness of the selling physician may depend less on the size of the purchase price at which the practice is sold, and more on how well the physician negotiates the terms and conditions of employment following the acquisition, most notably where … Continue Reading

Are Employer Social Networking Accounts Protectable Trade Secrets?

By: Kara M. Maciel and Matthew Sorensen

Social media has become an increasingly important tool for businesses to market their products and services.  As the use of social media in business continues to grow, companies will face new challenges with respect to the protection of their confidential information and business goodwill, as several recent federal district court decisions demonstrate.   

Christou v. Beatport, LLC (D. Colo. 2012),  Ardis Health, LLC v. Nankivell (S.D. N.Y. 2011), and PhoneDog v. Kravitz (N.D. Cal. 2011) each involved former employees who took the login credentials for their employers’ business social media accounts when they left … Continue Reading