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Table of Contents (18 pp) (relevancy score: 100%)

from Current Developments in Employment Law (July 26, 2012)

2312 2 2313 THE AMERICAN LAW INSTITUTE Continuing Legal Education Current Developments in Employment Law July 26 - 28, 2012 Santa Fe, New Mexico TABLE OF CONTENTS Page PROGRAM xi FACULTY PARTICIPANTS xvii STUDY MATERIALS VOLUME 1 1. U.S. Supreme Court Update 2011-2012 Term 1 By Robert B. Fitzpatrick Table of Contents 3 Study Material 5 2. State Employees Cannot Sue for Money under the "Self-Care" Provision of the FMLA 111 By Justin S. Gilbert Submitted by Robert B. Fitzpatrick 3. ...

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Employee Workforce And Wage And Hour Issues (10 pp) (relevancy score: 100%)

by Sheerin Siddique Rouf
from the The Practical Litigator Vol. 22 No. 1

overtime Waiting Time And on-Call An employee's FLSA hours worked "vest" on Waiting time may be considered compensable the last day of her work period. Under the FLSA, employers are not required to offer breaks and rest periods to their employers Training Time despite the work conditions or hours worked. Most employ- states identify a definite time for employees to take ers provide for a half-hour break, but employers can their meals.

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Social Media Use by Employees: Legal Implications (60 pp) (relevancy score: 100%)

by Peter Vogel Michelle M. Cheng Yvonne Gierczyk-Skasko
from Social Media Use By Employees: Legal Implications (December 7, 2010)

4. How Social Media activities affect businesses and their employees The fact that Social Media has taken over communications leads to the inescapable conclusion that Social Media is affecting all businesses and its employees. Of course, since Social Media is a moving target, it is imperative that companies that establish Social Media Policies continue to observe changes and evolutionary modifications in Social Media and change their Social Media Policies accordingly. The Five Core Values ...

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Developing Airtight Confidentiality Agreements (8 pp) (relevancy score: 100%)

by Roberta Jacobs-Meadway, Esquire Maria Loreta Petrillo
from Trade Secrets and Covenants Not to Compete: Whose Secret Is It Anyway? (December 7, 2010)

2 DEVELOPING AIRTIGHT CONFIDENTIALITY AGREEMENTS By: Roberta Jacobs-Meadway and Maria L. Petrillo Confidentiality agreements, sometimes referred to as non-disclosure agreements ("NDAs") are contracts commonly used in business when companies seek to both share and protect proprietary information, particularly information tied to or based on intellectual property: patents, trade secrets, copyrights, potential trademarks and licensing agreements. Confidentiality Agreements should specify the ...

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The Basics of Trade Secrets (10 pp) (relevancy score: 100%)

by Manny D. Pokotilow, Esquire
from Trade Secrets and Covenants Not to Compete: Whose Secret Is It Anyway? (December 7, 2010)

Categories of Protectable Trade Secret It is essential that whatever the trade secret, the subject matter of the trade secret must be secret. The fact that a trade secret may be patentable subject matter does not prevent the information relating to the trade secret from also being protectable as a trade secret. How Trade Secret Protection is Lost Unlike a patent or copyright, trade secret protection can be maintained only for as long as the trade secret remains secret.

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Recent Important Cases Related to Trade Secrets and Covenants Not to Compete (64 pp) (relevancy score: 100%)

by
from Trade Secrets and Covenants Not to Compete: Whose Secret Is It Anyway? (December 7, 2010)

10-1510 BIMBO BAKERIES USA, INC. v. CHRIS BOTTICELLA, Appellant On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil No. Bimbo Bakeries, 2010WL 571774, at *6. 11 31 D. Procedural History After Botticella left Bimbo and joined Hostess, Bimbo brought this action seeking to protect its trade secrets and thenpromptly moved for preliminary injunctive relief.

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Basics of Trade Secrets—Powerpoint Slides (14 pp) (relevancy score: 100%)

by Manny D. Pokotilow, Esquire
from Trade Secrets and Covenants Not to Compete: Whose Secret Is It Anyway? (December 7, 2010)

the is SECRETS of owner by application secret TRADE by trade OF lost development a patent the publication are in turnover product as disclosure the long secrets of DURATION as Public Independent secret Inadvertent Publication Employee Spying Sale For Trade · · · · · · · 94 to SECRETS disclosed TRADE protection until ideas OF for secret protect term expense a trade secrets initial specified ADVANTAGES No Remains another Trade No 95 if the SOFTWARE program print OF or license code computer with...

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Trade Secrets and Covenants Not to Compete—Powerpoint Slides (32 pp) (relevancy score: 100%)

by Darius C. Gambino, Esquire
from Trade Secrets and Covenants Not to Compete: Whose Secret Is It Anyway? (December 7, 2010)

(CDCA 2004/9 Circuit found that Bryant's preliminary th Circuit reversed and "Jade" Circuit found important the fact that Mattel used th th The District Court found this provision sufficient to transfer Bryant's interest in the entire Bratz line to Mattel. There were no allegations in the Complaint that Hurd taken trade secrets, or had exh lead HP to believe that he (unlike Bimbo HP advanced an "inevitable disclosure" trade secrets claim ­ doctrine. Follow me on Twitter http://twitter.com/...

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Hiring And Firing In The Facebook Age (With Sample Provisions) (8 pp) (relevancy score: 100%)

by William C. Martucci, Jennifer K. Oldvader, and Justin D. Smith
from the The Practical Lawyer Vol. 56 No. 5

Furthermore, it is well established that Some states have enacted off-duty conduct employers can fire employees for activity or lack statutes, which prohibit employers from discharg- thereof whileonthejob.Whatismuchlesscertain ing employees who engage in lawful activities out- iswhetherandwhenemployerscanfireemployees sideof work.See, e.g.,Cal.Lab.Code§§96(k),98.6 forcommentsmadeonablogorsocialnetworksite (protects employees from adverse employment while off duty. How- An employee must not ...

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The NLRB in the Obama Administration: The Pendulum Swings Dramatically (22 pp) (relevancy score: 100%)

by Harold P. Coxson, Jr.
from Employment Law Update: Fall 2010 (September 21, 2010)

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 Document Outline The NLRB in the Obama Administration: The Pendulum Swings Dramatically 1. The NLRB in the Obama Administration: The Pendulum Swings Dramatically

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Developments in Employment Discrimination Law (122 pp) (relevancy score: 100%)

by Barbara Berish Brown, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

82 -iv- 28 DEVELOPMENTS IN EMPLOYMENT DISCRIMINATION LAW TABLE OF AUTHORITIES (continued) Page(s) Alvarado v. Cajun Operating Co., 588 F.3d 1261, 22 A.D. Cas. 1172 (9th Cir. 49 -viii- 32 DEVELOPMENTS IN EMPLOYMENT DISCRIMINATION LAW TABLE OF AUTHORITIES (continued) Page(s) Corbitt v. Home Depot U.S.A., Inc., 589 F.3d 1136 (11th Cir. 52 Czekalski v. LaHood, 589 F.3d 449 (D.C. Cir. 2009) .................................................................................................50 Davis ...

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Developments in Employment Law (142 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Fall 2010 (September 21, 2010)

, 2010 U.S. Dist. LEXIS 19876 (M.D. Ala. 2010).............. 31 Bell v. Raytheon Co., 2009 U.S. Dist. LEXIS 67016 (N.D. Tex. July 31, 2009) ........................... 2d 884 (E.D. Tex. 1998) ................................................... 79 Cash v. Conn Appliances, Inc., 2 F. Supp 2d 884 (E.D. Tex. 1997) ............................................ 82 Cash v. Conn Appliances, Inc., 2 F. Supp 2d 884, 906 (E.D. Tx. 1997) ...................................... 75 Caudle v. Towers, Perrin,...

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New Developments Supplement (14 pp) (relevancy score: 100%)

by Robert B. Fitzpatrick
from Employment Law Update: Fall 2010 (September 21, 2010)

289 Employment Law Update: Supplement by Robert B. Fitzpatrick* Robert B. Fitzpatrick, PLLC Attorneys Fees Singer Management Consultants, Inc. v. Milgram, 2010 U.S. App. LEXIS 18254 (3d Cir. Hostile Work Environment Watson v. CEVA Logistics U.S., Inc., 2010 U.S. App. LEXIS 18103 (8th Cir. Mattel, Inc. v. MGA Entertainment, Inc., 2009 U.S. App. LEXIS 29187 (9th Cir.

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Slides: Whistleblower Provisions of Dodd-Frank (16 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

302 9/13/2010 Whistleblower Provisions of the Dodd-Frank Act Jason M. Zuckerman The Employment Law Group® Law Firm Tel: 202.261.2810 Fax: 202.261.2835 jzuckerman@employmentlawgroup.com www.employmentlawgroup.com Agenda · New SEC whistleblower reward and protection· New CFTC whistleblower reward and protection · New protection for financial services employees · Amendments to Sarbanes-Oxley Act (SOX)· Amendments to False Claims Act (FCA) Dodd-Frank Act · Dodd-Frank Wall Street Reform and ...

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Whistleblower Provisions of the Dodd-Frank Act (8 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

These provisions create monetary awards for whistleblowers who provide original information to the U.S. Securities and Exchange Commission or Commodity Futures Trading Commission, strengthen the whistleblower protection provisions of the Sarbanes-Oxley Act and the False Claims Act, and create additional whistleblower retaliation causes of action. Reward for Whistleblowing to the Commodity Futures Trading Commission and Protection Against Retaliation (Section 748) Section 748 amends the ...

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Dodd-Frank Amendments to Section 806 of the Sarbanes-Oxley Act (4 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

326 DODD-FRANK AMENDMENTS TO SECTION 806 OF THE SARBANES-OXLEY ACT 18 U.S.C. § 1514A. Civil action to protect against retaliation in fraud cases (a) Whistleblower Protection for Employees of Publicly Traded Companies. --No company with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l), or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)), including any subsidiary or affiliate ...

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Dodd-Frank Amendments to the Retaliation Provision of the False Claims Act (2 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

330 DODD-FRANK AMENDMENTS TO THE RETALIATION PROVISION OF THE FALSE CLAIMS ACT 31 U.S.C. § 3730(h). --Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, or agent on behalf of the ...

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Excerpts: Whistleblower Provisions of Dodd-Frank (72 pp) (relevancy score: 100%)

by Jason M. Zuckerman, Esquire
from Employment Law Update: Fall 2010 (September 21, 2010)

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The Labor and Employment Law Implications of the Four 2009-2010 Supreme Court Arbitration Decisions: Revolution, Evolution or Much Ado About Nothing?-Additional Materials (14 pp) (relevancy score: 100%)

by Marley Weiss
from Employment Law Update: Fall 2010 (September 21, 2010)

402 The Labor and Employment Law Implications of the Four 2009-2010 Supreme Court Arbitration Decisions: Revolution, Evolution or Much Ado About Nothing Marley S. Weiss Professor of Law University of Maryland School of Law The recent Supreme Court term produced four decisions regarding arbitration, three of which arose out of labor and employment law matters. at *20-21. Absent "clear and unmistakeable evidence" of an agreement to arbitrate arbitrability, the court should decide whether a ...

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Source of Cases Cited - Additional Handout (6 pp) (relevancy score: 100%)

by
from Electronic Data in Litigation: Trends and Developments (September 14, 2010)

2 2 ALI-ABA 09/07/2010 STATE MCLE CONTACTS Alabama Delaware Indiana Minnesota Ms. Angela Parks Ms. Margot Millar Ms. Julie Orzeske Ms. Liz Vanderbeek Director of Regulatory Programs Executive Director Executive Director CLE Administrator Alabama State Bar Commission on CLE of the Supreme Indiana Supreme Court Minnesota Board of CLE 415 Dexter Avenue Court of Delaware Indiana Commission for CLE Suite 950 PO Box 671 Carvel State Office Building 30 South Meridian Street 180 East 5th Street ...

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