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Archive for '2013'

    Texas Court Rules Physician Noncompete Agreement Void as Against Public Policy

    April 15, 2013 9:17 AM by David L. Johnson

    By David L. Johnson

    A decision issued by the Texas Court of Appeals on February 6, 2013, could suggest that Texas is following a growing number of states that prohibit covenants restricting a physician’s ability to practice medicine. In Nacogdoches Heart Clinic, P.A. v. Pokala, 12-11-00133-CV, 2013 WL 451810 (Tex. Ct. App. Feb. 6, 2013), the defendant cardiologist entered into an employment agreement with his practice, agreeing that, for a one-year period after termination, he would not practice medicine within a ten-mile radius of the Nacogdoches, Texas city limits.

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    Word from the Subcommittee Co-Chairs

    April 15, 2013 9:07 AM by Donavan Vicha

    We were glad to see many of you in Miami at the ERR Midwinter meeting in March. Thank you to our panelists and others who contributed to the subcommittee’s presentation, titled “Stretching Beyond the Seashore: Non-Compete Geographic Restrictions in a Virtual World.” The accompanying paper will open in a new window when you click on the link.

    Subcommittee Co-Chairs:

    David Carr, Indianapolis, IN
    Ice Miller, LLP

    Arnold Pedowitz, New York, NY
    Pedowitz & Meister

     

    Eric Tate, San Francisco, CA
    Morrison & Foerster LLP


    Word from the Subcommittee Co-Chairs

    March 19, 2013 10:53 AM by Donavan Vicha

    We hope to see many of you very soon in sunny Miami for the ERR Midwinter meeting (March 19-23). This year, our Covenants subcommittee will be sponsoring a presentation starting at 11:15 a.m. on Friday, March 22, titled “Stretching Beyond the Seashore: Non-Compete Geographic Restrictions in a Virtual World.” We anticipate that the presentation will be reasonably awesome, highlighting choice of venue provisions and geographic restrictions in the face of our global internet world. The accompanying paper is about 64 pages long and jammed full of good stuff.


    Our subcommittee lunch business meeting will take place on Thursday, March 21, at 12:15 p.m. We hope that you will be able to join us.


    For more information about the conference (or to register), visit our event page.


    Subcommittee Co-Chairs:


    David Carr, Indianapolis, IN

    Ice Miller, LLP

    Arnold Pedowitz, New York, NY

    Pedowitz & Meister

    Eric Tate, San Francisco, CA

    Morrison & Foerster LLP

    Congress Bolsters Trade Secret Protection

    March 19, 2013 9:57 AM by Donavan Vicha

    By David L. Johnson

    The Economic Espionage Act of 1996, 18 U.S.C. §§ 1831 et seq. (EEA), criminalizes certain types of trade secrets theft that affect interstate commerce. Recently, President Obama signed into law two bills that enhance the breadth and the penalties available under the EEA. On December 28, 2012, President Obama signed the Theft of Trade Secrets Clarification Act of 2012, S. 3642 (TTSCA). The TTSCA amends the EEA so that it is a criminal offense to misappropriate intentionally a trade secret “that is related to a product or service used in or intended for use in interstate or foreign commerce . . . .” On January 14, 2013, President Obama signed the Foreign and Economic Espionage Penalty Enhancement Act of 2012, H.R. 6029 (FEEPEA), which increases the penalties for violating the EEA.

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About this Blog

Welcome to what we hope to be the first of many blog posts to subcommittee members. The purposes of this blog include:

• reminding subcommittee members about upcoming events;

• alerting members to recent cases and developments that pertain to restrictive covenants, trade secrets, corporate raiding, and similar topics;

• provoking discussion; and, perhaps most importantly,

• helping subcommittee members stay in touch throughout the year.

Please note that for the time being, we cannot facilitate comments directly with the articles, but you may send comments to me for potential posting.

We need your help! If you encounter a recent case or development that you believe would merit inclusion in the blog, please contact me. Also, please let me know if you are interested in sharing the duties of submitting a piece for the blog and/or assisting with the editing. Finally, contact me if you have a creative idea for the title of the blog.

Thanks!

David L. Johnson, Nashville, TN
Butler, Snow, O’Mara, Stevens & Cannada, PLLC
david.johnson@butlersnow.com
(615) 503-9131

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