Boris Zhitkov © 123RF.com

Protecting Agency/Brokerage Trade Secrets Amidst High Industry Turnover

Today’s workforce is more mobile than ever.  The average worker will change employers eight times over the course of his or her career. This increased workforce fluidity highlights the need for employers to protect their company's assets from being raided by a departing employee and potentially used by a competitor.

The lifeblood of every insurance agency/brokerage is the competitive edge they maintain by doing things better, smarter, faster and more efficient than the competition. That edge is often built upon the company's "trade secrets."  (Read More)

Felix Pergande © 123RF.com

Ninth Circuit Holds that Waivers of PAGA Claims Cannot be Enforced

This week, a federal appeals court dealt another blow to California employers. 

In Shukri Sakkab v. Luxottica Retail North America, Inc., a divided U.S. Court of Appeals for the Ninth Circuit ruled that the Federal Arbitration Act (FAA) does not preempt a California court-created rule that an employee's right to bring representative wage and hour claims under California’s “Private Attorneys General Act” (PAGA) cannot be waived by a private arbitration agreement. In PAGA claims, the employee acts as the “state's representative” to seek redress for alleged California Labor Code violations. PAGA claims and traditional “wage and hour” class action claims are very similar in nature – only the remedy is different. In PAGA claims, the state of California is entitled to 75% of the recovery, and the employees receive the remaining 25%. In class actions, the employees receive 100% of the recovery. (Read More)

anyka © 123RF.com

Trade Secrets -- Protecting What Matters Most

California businesses invest significant resources to develop their customer lists and client data. However, most businesses fail to take steps to protect that information because of the mistaken belief that such information is automatically protected "trade secrets.” In California, a business is required to take certain basic but affirmative steps to ensure that their client information fits within the definition of a trade secret. Failing to take those steps can put the confidential client information at risk.  (Read more)

The Importance of Maintaining Compliance with Tow Service Agreements

Jeff Farrow gave a presentation on “Protecting The Crown Jewel: Understanding Your TSA and Tips for Handling Other Legal Challenges Faced by the Industry” at the California Tow Truck Association’s Western States Tow Show on October 10, 2014, in San Diego, CA. He discussed operators’ rights under the standard Tow Service Agreement and provided recommendations to increase an operator’s success in winning an administrative hearing to suspend or cancel the agreement. In this segment, he discusses how maintaining compliance with the agreement can be of great benefit when attempting to resolve issues with belligerent individuals.

Jeff Farrow Discusses How to Keep Your Trade Secrets a"Secret" at the 2014 American Agents Alliance Convention & Expo

As part of the presentation, “From the Legal Experts: A Panel Discussion with Michelman & Robinson, LLP” on September 27, 2014 at the 2014 American Agents Alliance Convention & Expo, Jeff Farrow discussed how to keep your trade secrets a "secret". Additionally, he explained how to legally recruit from competitors and how to guard against employee raids. In this segment, Jeff explains why now, more than ever, businesses need to develop a secrecy policy. 

Klanneke /depositphotos.com

Unfair Competition: Proactive Preemption Can Save You from Litigation

Today's workplace bears little resemblance to one from 20 years ago. On average, today's typical worker will change employers eight times over the course of his or her career, a threefold increase in only two decades. With each job change, the risk that the new hire will bring confidential information or trade secrets along to the new company grows – thus increasing the risk of lawsuits surrounding unfair competition and misappropriation of trade secrets. View Full Article 

Wongsaphat Suknachon © 123RF.com

Protecting Agency Trade Secrets in the Modern Workplace

Today’s workplace bears little resemblance to that of 20 years ago. On average, today's college graduate will change employers six times over the course of his or her career, a threefold increase from only 20 years ago. With increased employee mobility comes a need for employers to protect their company's assets from being raided by a departing employee and used by the new employer. View Full Article