Dallas Employment Law Defense Attorneys

Cybercrime Under The CFAA: It Depends on the Jurisdiction

In a decision filed on April 10, 2012, the Ninth Circuit in United States of America v. Nosal, No. 10-10038 (9^th Cir. 2012), put itself squarely in conflict with the Fifth, Eleventh and Seventh Circuits by holding that the district court properly dismissed a portion of the government’s indictment against David Nosal charging him with a violation of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030(a)(4) by knowingly and with intent to defraud accessing or exceeding access of a computer in contravention of a written company policy in order to obtain confidential company information to start a competing business.

Case Dismissed!

Our client recently hired a sales manager who used to work for a competitor.  The competitor immediately sued, claiming that our client had misappropriated a number of trade secrets when it hired the new employee.  Here's how we got the case dismissed. 

Avoid this mistake when communicating with the Equal Employment Opportunity Commission or Texas Workforce Commission Civil Rights Division.

Your company just received a Notice of Charge of Discrimination from the Equal Employment Opportunity Commission ("EEOC") or Texas Workforce Commission Civil Rights Division ("TWC").  The agency will ask for a position statement from the employer, which it will consider during its investigation.  The next round of communications will be very important, especially if the employee decides to file suit after the investigation. 

Retaliation - Does timing matter?

No employment relationship lasts forever, and sometimes even productive employees are let go for legitimate business reasons. If the employee has complained of discrimination in the past, however, the company runs the risk of a claim that it retaliated against the employee for an earlier complaint.  How long should a company wait to terminate a complaining employee for legitimate business reasons?

 

Reformation of Covenants not to Compete

Can the trial court reform a covenant not to compete before it sends the case to arbitration?

Four tips to evaluating (and hopefully dismissing) sexual harassment claims.

Sexual harassment cases can be difficult.  In addition to the stress and emotional costs to everyone involved, the financial risk to the company can be incredibly high.  Here are some things we look at to determine the chance of getting the case dismissed before trial.

Just When You Thought Covenants Were Enforceable

The decision in Drennen v. Exxon Mobil Corp., No. 14-10-01099-CV (Tex.App.-Houston [14th Dist.] Feb. 14, 2012) serves as a reminder that forfeiture agreements, treated as a covenant not to compete, must meet reasonable standards to be enforceable under Texas law.

How to Prevent FLSA Class Actions

The Fair Labor Standards Act (FLSA) permits employees to file class actions for unpaid overtime or minimum wages. The larger the potential class, the greater the potential damages.  Use this clause to limit the risk of class action litigation.