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Federal Defend Trade Secrets Act (“DTSA”) signed into law in May 2016

Posted in Uncategorized

The federal Defend Trade Secrets Act (“DTSA”) includes protections for trade secret owners, including civil seizure in extraordinary circumstances, injunctive relief, and the availability of attorneys’ fees and exemplary damages on top of actual damages. While much of this law is about a protection of intellectual property, employers must be aware of… Continue Reading

Proposed Changes to Board Law on Employer’s Unilateral Withdrawal of Recognition

Posted in NLRB, Uncategorized

Recently, the NLRB General Counsel issued a memorandum to Regional Directors, Officers-in-Charge, and Resident Officers recommending an alternative theory to plead and argue when challenging an employer’s withdrawal of recognition.

Under current precedent, an employer may unilaterally withdraw recognition of an incumbent union if it has objective evidence that the union… Continue Reading

U.S. Supreme Court approves “cat’s paw” theory of liability in employment discrimination cases.

Posted in Uncategorized

In Staub v. Proctor Hospital, the Supreme Court ruled that an employer may be held liable for employment discrimination based on the conduct of an employee who influenced – but did not make – the ultimate employment decision.  Commonly called the “cat’s paw” theory of liability, the Supreme Court’s decision… Continue Reading