Pepper Allgood is a partner with the firm’s Business & Commercial Litigation Team. He has handled a wide range of business-related litigation matters including antitrust, business tort, and construction disputes. In the course of his practice, Mr. Allgood has frequently had the opportunity to handle disputes over trade secrets and other intellectual property, as well as the enforceability of non-compete agreements. Mr. Allgood can be reached at firstname.lastname@example.org or 225.248.2038.
A recent Louisiana court of appeal decision provides guidance on two issues that frequently arise in trade secret cases. Southern Marsh Collection, LLC v. State Traditions, LLC, 2017 WL 4985217 (La. App. 1st Cir. 2017) addresses the recurring question of when customer lists qualify as trade secrets and—somewhat surprisingly—holds the Louisiana Uniform Trade Secrets Act … Continue Reading
May an employer enforce a contract provision that forbids an employee to leave and take another job that would require him to use or reveal the employer’s confidential information? In Louisiana, maybe not, unless the agreement complies with Louisiana’s non-compete statute, La. Rev. Stat. § 23:921. In O’Sullivan v. Sunil Gupta, M.D., LLC, 2017 WL … Continue Reading
The federal district for the Western District of Louisiana added to the growing list of decisions that have applied Louisiana’s non-compete statute to invalidate choice-of-law or forum-selection clauses. These decisions have struck down clauses that, on their faces, would have required Louisiana employees of non-Louisiana employers to litigate under the law or in the courts of … Continue Reading
The U.S. District Court for the Eastern District of Louisiana recently held that the Federal Arbitration Act preempts Louisiana’s non-compete statute (La. R.S. 23:921). Among other things, this statute invalidates forum selection clauses in employment agreements unless the employee agrees to or expressly ratifies the clause after the incident that gives rise to the dispute. … Continue Reading
A Louisiana appellate court recently decided that a non-competition agreement was unenforceable. But not because it contained unreasonable geographic or temporal restrictions or failed to strictly comply with Louisiana’s non-compete statute. Instead, the court found that the non-competition obligations had already expired during employment. That is, even though the employee continued to work for the company … Continue Reading