Tuesday, January 17, 2012

The Reading List (No. 1)

As I wrote last week, every Tuesday I will be posting links to other articles of interest. This is the first installment of The Reading List, and I encourage my readers to visit these informative articles from other authors.

Ted Olsen of Sherman & Howard writes on an interesting social media case, involving an employer's posting of entries on its employee's Twitter and Facebook sites. As this article aptly describes, the law and theories under which parties can sue is still evolving and it is not entirely clear what personal and property rights are protected.

Seyfarth Shaw discusses New Jersey's adoption of the Trade Secrets Act in a post here. The actual legislation can be found here.

Rob Radcliffe writes on the proliferation of non-compete agreements in the medical device industry, citing his past experience with a particular party and the trends in overall health care spending. As Rob notes, some companies have developed reputations for being very aggressive in filing or pursuing non-compete actions against ex-employees. Rob notes that one such employer is Synthes Medical.

Chicago Tribune business law writer Ameet Sachdev discusses the Illinois Supreme Court's decision in Reliable Fire Equipment v. Arredondo. Surprisingly, he concludes by saying that labor attorneys representing both management and employees have favorable reviews of the decision. My experience is the opposite.

MIT News contains an article on the impact of non-compete agreements on engineers. The article also cites a detailed academic study recently published in the American Sociological Review, which notes that roughly one-third of technical employees bound by non-compete agreements leave their industry altogether.

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