Michael Foley

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Michael Foley is an author for the Trade Secret Insider. He is a partner in the firm’s Labor & Employment Practice Group and practices from the New Orleans office. Mr. Foley focuses on employment-related litigation, including non-compete and trade secret disputes. He can be reached at mfoley@joneswalker.com or 504.582.8853.

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A Broken Marriage: Bridal Designer Cannot Compete but Regains Control of Social Media Accounts

By Michael Foley and PJ Kee on Posted in Non-Compete, Trade Secret
In the case JLM Couture Inc. v. Gutman, in the U.S. Court of Appeals for the Second Circuit, a bridal designer signed an employment agreement that barred her from competing with her employer – JLM Couture Inc. (JLM) – following her employment. The designer also agreed to give certain rights to JLM related to a bridal … Continue Reading

Three Appellate Court Decisions Provide Valuable Lessons for the Enforceability of Restrictive Covenants in Employment Agreements

By PJ Kee and Michael Foley on Posted in NDAs, Trade Secret
Recently, the US Court of Appeals for the First Circuit, Fifth Circuit and Sixth Circuits reached decisions that analyze the enforceability of restrictive covenants in employment agreements. These decisions ultimately offer employers some valuable lessons when drafting employment agreements that contain restrictive covenants. An analysis of the decisions can be found here.… Continue Reading

The Wild (Kanye) West of Trade Secret Theft

By Michael Foley on Posted in Trade Secret
Musical artist and fashion icon Kanye West is being sued by a video and ecommerce company called MyChannel Inc. (MYC) that claims he breached their mutual nondisclosure agreement and took “their proprietary and confidential technology and information to fuel the e-commerce engine” of his Yeezy brand. MYC filed its lawsuit in the US District Court for … Continue Reading

Jury Finds Uber Must Face $1B Trade Secrets Suit

By Michael Foley on Posted in Trade Secret
A California jury recently concluded that an inventor timely filed a trade secret lawsuit against Uber seeking $1 billion in damages. The inventor’s lawsuit claims that Uber and its founder stole his business concept, which the inventor alleges he shared sometime in 2006 under a promise that Uber’s founder would keep the concept confidential. Around … Continue Reading

Competing Views on Non-Compete Agreements: Changes May be Coming Across the Nation to Employers’ and Business Purchasers’ Ability to Limit Competition

By Michael Foley on Posted in Non-Compete
Employers often place limitations on their employees’ ability to compete following the termination of the employment relationship. The justification for restraints on trade is that employers have a protectable interest in their customer and vendor relationships, the goodwill associated with their brand, and their confidential information and trade secrets. Purchasers of businesses likewise often place … Continue Reading

Louisiana Supreme Court Allows Employer-Friendly Decision in Non-Compete Case to Stand

By Michael Foley on Posted in Non-Compete, Trade Secret
Drafting an enforceable (and meaningful) non-compete provision in an employment agreement can be difficult. Many states, like Louisiana, recognize that non-compete provisions in employment agreements raise a serious public policy concern. In Louisiana, this public policy is set forth in La. Rev. Stat. 23:921. It requires non-compete provisions to set forth specific parishes or municipalities in … Continue Reading

Federal Courts in Louisiana Recognize Trend in Trade Secret Cases

By Michael Foley on Posted in Trade Secret
Lawsuits alleging trade secret theft raise challenging discovery concerns, as they almost always arise in the context of an employee leaving to work for a direct competitor. Courts have struggled to balance a trade secret plaintiff’s right to obtain discovery with a competitor’s interest in protecting its own confidential business information. This balancing is particularly … Continue Reading

Google vs. Uber: Tech Giants Square Off Over Driverless IP

By Michael Foley and PJ Kee on Posted in Trade Secret
Waymo LLC — formerly Google’s self-driving car program and currently a stand-alone company owned by Google’s parent company — is now in fierce competition with Uber to develop and capitalize on driverless technology. This battle intensified on February 23, 2017, when Waymo filed a lawsuit against Uber Technologies, Inc., Ottomotto LLC, and Otto Trucking LLC. Trade Secret Claims. … Continue Reading

Trade Secret Dispute Brewing In Minnesota

By Michael Foley on Posted in Confidential Information, Trade Secret
The popularity of craft beers has skyrocketed.  A report cited in Fortune claims that microbreweries’ market share increased from 5.7 percent in 2011 to 12 percent in 2015. This growth has led to competition as microbreweries capitalize on the growing appetite for their product. Unsurprisingly, competition has led to allegations of unlawful conduct. Summit Brewing Company, one of the … Continue Reading
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