PJ Kee

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PJ Kee is an Editor and Founder of the Trade Secret Insider and a member of Jones Walker’s Trade Secret and Non-Compete Team. He regularly litigates cases involving trade secret theft, non-competes, computer fraud, conspiracies, and unfair competition, and counsels clients on strategies to protect their trade secrets. Mr. Kee also represents clients in criminal proceedings and litigates complex commercial and employment matters involving various breach-of-contract claims, business torts, invasion of privacy claims, defamation, and wage and hour disputes. He can be reached at pkee@joneswalker.com or 504.582.8230.

 

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Lavigne Quoted in TechTarget Article on FTC Noncompete Ban

Joe Lavigne, a partner in Jones Walker LLP’s Labor & Employment Practice Group and founding member of Jones Walker’s Trade Secret Insider blog, was quoted in the TechTarget article “Election might decide fate of FTC noncompetes ban” on April 26, 2024. In the article, Joe discusses how the Federal Trade Commission’s ban on noncompete agreements affects employers and how … Continue Reading

FTC Hosts Public Forum on Proposed Rule Banning Non-Compete Clauses

On February 16, the Federal Trade Commission (FTC) hosted a public forum to examine its proposed rule to ban non-compete agreements. Non-compete clauses serve to protect a business’s trade secrets and confidential information, which makes such a ban a concern for many businesses. The comment period for this proposed rule ends on April 19, so … Continue Reading

Comment Period for FTC’s Proposed Ban on Non-Compete Agreements Ends March 20 — The Time to Act Is Now!

On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking essentially banning non-compete clauses and categorizing them as unfair methods of competition. Non-compete clauses serve to protect a business’s trade secrets and other confidential information, which makes the adoption of such a rule a major concern for all US businesses. Our previous article addressed … Continue Reading

Legal Challenges the FTC Faces in Light of Proposed Ban on Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking essentially banning non-compete clauses and categorizing them as unfair methods of competition. Non-compete clauses serve to protect a business’s trade secrets and other confidential information, which makes the adoption of such a rule concerning for all US businesses. Our previous … Continue Reading

How the FTC’s Proposed Ban on Non-Compete Agreements Could Affect Your Business

On January 5, 2023 the Federal Trade Commission released a Notice of Proposed Rule that would essentially ban all non-compete agreements between employers and employees. If the proposed rule or a similar rule is adopted by the FTC, it would have a profound impact on all US businesses and particularly those businesses that utilize non-compete … Continue Reading

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

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

Hubert and Kee Present on Protecting Company Information

Tom Hubert and PJ Kee, partners in the Labor & Employment Practice Group, presented “Don’t Let The Grim Reaper Hack Into Your Trade Secrets” during the Louisiana Chapter of the Association of Corporate Counsel October CLE on October 29, 2021. The presentation featured a discussion on proper techniques and best practices to protect yourself from … Continue Reading

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

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

Food Fight Breaks Out In Trade Secret Aisle

A trade secret fight has broken out among rival food companies. Mars, Inc. contends that a former executive downloaded several thousand files containing trade secrets and confidential business information shortly before switching sides to work for JAB Holding Company, LLC and its subsidiary Pret Panera Holding Company, Inc. The former executive is not Mars’s only … Continue Reading

Defining Business in Louisiana Non-Competition Agreements is Essential, Appeals Court Holds

A Louisiana appeals court in New Orleans recently overturned a trial court’s refusal to enforce a non-competition agreement. The appellate court’s decision instructs employers on the need to define the scope of their businesses for an enforceable agreement. Environmental Safety & Health Consulting Services, Inc. v. Fowler, 2019-CA-813 (La. 4 Cir. 3/11/20).… Continue Reading

A Recent Trend In Louisiana Non-Compete Cases?

A trend may be developing in favor of non-compete agreements in Louisiana. Two recent appellate court decisions enforced their terms, even though they contained either overly broad or ambiguous language. The first is from the Louisiana Supreme Court, Causin, L.L.C. v. Pace Safety Consultants, LLC, which we have previously discussed. The second is from the U.S. … Continue Reading

US Fifth Circuit Affirms Judgment on CFAA Violation

The U.S. Fifth Circuit recently affirmed a trial court’s verdict that a former bank officer violated the Computer Fraud and Abuse Act (CFAA) when he mass deleted thousand of files from his work computer shortly before departing. IberiaBank v. Broussard, Case No. 17-30662 (5th Cir. 10/25/2018). Background.  In early 2013, IberiaBank announced a merger with a smaller regional … Continue Reading

New White Paper on Maritime Cybersecurity

A contributor to the Trade Secret Insider, Andy Lee has co-authored a white paper concerning the findings of a recently conducted Maritime Cybersecurity Survey. The survey polled 126 senior executives, chief information and technology officers, and key managers across the U.S. maritime industry, with four key findings on the state of cybersecurity across various industry … Continue Reading

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

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

Obama Signs Federal Trade Secret Act

Today, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA amends the existing Economic Espionage Act that was previously limited to criminal cases on behalf of the Department of Justice. The DTSA now allows companies to pursue trade secret claims in federal court under federal law. A copy of DTSA can be found … Continue Reading

House Passes Federal Trade Secrets Bill

We recently reported that the U.S. Senate passed the Defend Trade Secret Act (“DTSA”), which would create a federal private cause of action for trade secret theft. This week was the U.S. House of Representatives turn. The House overwhelmingly voted to approve the DTSA by a margin of 410-2. The bill is now headed to President Obama, whose administration has indicated strong … Continue Reading

Federal Trade Secrets Bill Passes Senate

On Monday, the Senate unanimously passed the Defend Trade Secrets Act (“DTSA”) — a bill that would allow companies to pursue trade secret theft through civil litigation in federal court. This long-awaited measure is a major step towards elevating trade secrets to the level of federal protection enjoyed by the other intellectual property, such as patents, … Continue Reading

Sixth Circuit Highlights Importance of Non-Disclosure Agreements

The Sixth Circuit recently held that an employer’s “playbook” was protected from disclosure and use, even if the business information was not a “trade secret.” (Orthofix, Inc. v. Hunter, No. 15-3216 (Nov. 17, 2015))  Fortunately for Orthofix, its employment agreements included non-disclosure provisions. The Sixth Circuit found that those provisions protected more than just “trade secrets” and that … Continue Reading

The Donald Offers A Lesson To Trade Secret Litigators

This may come as a shock. But Donald Trump has unwittingly offered trade secret litigators a teachable moment. It arose in his recent squabble with fellow presidential hopeful Senator Lindsey Graham. After Trump mocked Senator John McCain for being a POW, Graham told CNN that Trump was “becoming a jackass” and later called Trump “the world’s biggest jackass” … Continue Reading

Time To Review Your Non-Competes

Companies with employees across multiple states face an administrative challenge. How do they ensure that their non-compete programs remain up to date with the various states law requirements for enforcement? Four states have recently passed legislation that reinforces the importance of addressing this question. The highlights below from the changing non-compete landscape should prompt companies to review their … Continue Reading

A Trade Secret Reminder — Take “Reasonable Steps”

The Center for Responsible Enterprise and Trade (CREATe.org) just released a new White Paper, “Reasonable Steps” To Protect Trade Secrets: Leading Practices in an Evolving Legal Landscape. It’s a must read for companies grappling with how best to protect and manage their trade secrets. We have discussed a previous CREATe report that discussed the devastating economic effect that … Continue Reading

Hulk Hogan, Sex Tapes, And The FBI: Lesson Learned

When the celebrity gossip blog Gawker decided to post highlights from a sex tape starring Hulk Hogan, it never thought that decision would lead to suing the FBI. But that’s what happened—and just recently, Gawker prevailed. A federal judge in Florida ordered that the FBI and the Executive Office of United States Attorneys (EOUSA) must respond to Gawker’s FOIA request—even though the agencies argued … Continue Reading

A Look Inside The Sony Hack

Fortune Magazine released its first installment in a three-part story on what it’s calling “The Hack of the Century.” The story on the Sony hack is turning into a cautionary tale on what companies should not do to protect their computer networks. And it’s worth taking the time to read this compelling and in-depth look into what may … Continue Reading
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