For businesses, particularly those involved in highly competitive industries and markets, protecting private business information is an important ongoing task. One of the tools businesses have at their disposal in this regard is restrictive covenant agreements, also known as covenants not to compete.
On September 11, 2015, the Department of Labor issued a Final Rule implementing Executive Order 13665. The Final Rule, entitled "Prohibitions Against Pay Secrecy Policies and Actions," applies to federal contractors (prime or subs) working on contracts exceeding $10,000 in value and entered into or modified on or after January 11, 2016.
We’ve been speaking in recent posts about copyright infringement, first as the claim came up in a case involving Cox Communications, and then with respect to the elements that must generally be proven in copyright infringement cases. As we noted last time, proving that original, constituent elements of a copyrighted work have been copied requires showing not only actual copying, which we spoke a bit about last time, but also improper appropriation.