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Trade Secrets May Remain Secret in Perpetuity

Trade Secrets May Remain Secret in Perpetuity

While a former employer cannot impose a non-compete restrictive covenant against an ex-employee in perpetuity, the recent case of Coeur, Inc. v. Wygal, No. 6:20-CV-06473 EAW, 2021 WL 4225657 (W.D.N.Y. Sept. 16, 2021) has shown that trade secrets can indeed remain secret forever. By way...

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The Implied Covenant of Good Faith and Fair Dealing

The Implied Covenant of Good Faith and Fair Dealing

Sometimes, a breach of contract claim is not enough, especially when presented with a bad faith scheme to undermine the deal which founded the contract.  In the recent decision in Healthy Lifestyle Brands, LLC v. Env't Working Grp., No. 20 CIV. 1098 (ER), 2021 WL 4459458, at *1...

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Waiving the Right to Terminate a Contract

Waiving the Right to Terminate a Contract

Waiver is the relinquishment of a known right. Sometimes waiver is explicit. Sometimes, however, waiver results from a party sitting on a breach of contract for years and not treating it as a deal-breaker until it is looking for an excuse to terminate that contract. This sort of bad...

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