Minnesota Court Upholds Non-Compete with no Geographic Scope
In Medtronic, Inc. v. Hughes, Civ. No. A10-998, 2011 WL 134973, 2011 Minn. App. Unpub. LEXIS 52 (Minn. Ct. App. Jan. 18, 2011), the Minnesota Court of Appeals calls attention to the risks that employers face when hiring an employee who has previously entered into an enforceable non-compete agreement. Factual Background The Defendant, James Michael […]
Trade Secret Law: The Inevitable Disclosure Doctrine
The inevitable disclosure doctrine (“IDD”) allows courts to issue temporary or permanent injunctive relief to prevent an employee from working at a competitor under circumstances where the employee’s new job duties will inevitably cause the employee to rely upon knowledge of the former employer’s trade secrets. When followed by the courts, the IDD can be […]
The Dodd-Frank Act: Expansion of Whistleblower Protections
The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), Pub. L. No. 111-203, H.R. 4173, 111th Cong. (2010), was signed into law on July 21, 2010 by President Obama. The Dodd-Frank Act provides substantial reform to the regulation of U.S. financial markets. The Act also expands whistleblower protection for employees by eliminating some […]
Minnesota Court Grants Preliminary Injunction Based on Non-Compete in Medical Device Industry
In Boston Scientific Corp. v. Duberg, 754 F. Supp. 2d 1033 (D. Minn. 2010), the U.S. District Court for the District of Minnesota analyzed the enforceability of non-compete agreements in the medical device industry. The defendant, Mary Evelyn Duberg (“Duberg”), was employed by plaintiff Boston Scientific Corporation (“Boston Scientific”) as a sales-representative and signed a […]
Schmit Towing, Inc. v. Frovik: Independent Consideration is Not Required for Non-Compete Agreements With Independent Contractors
In a recent decision, Schmit Towing, Inc. v. Frovik, 2010 WL 4451572 (Minn. Ct. App. Nov. 9 2010) (unpublished), the Minnesota Court of Appeals held that a non-compete agreement entered into with an independent contractor subsequent to an initial contract did not require independent consideration. The court declined to follow the traditional rule, developed in […]
Craig W. Trepanier Recognized in 2010 Super Lawyers Magazine
Attorney Craig W. Trepanier, co-founder and President of Trepanier & MacGillis P.A., was selected for inclusion in the Minnesota Super Lawyers® magazine. Craig W. Trepanier has been named by Minnesota Super Lawyers® magazine as one of the top attorneys in Minnesota for 2010. Only five percent of the lawyers in the state are named by […]
New Regulations Require Federal Contractors to Notify Employees of Rights Under Federal Labor Laws
Introduction Effective June 21, 2010, federal contractors and subcontractors will be required to notify employees about their rights under the National Labor Relations Act (“NLRA”), pursuant to final regulations issued by the Office of Labor-Management Standards of the United States Department of Labor (“DOL”) on May 20, 2010. Under the final regulations, federal contractors and […]
Genetic Information Nondiscrimination Act of 2008 (GINA) Went Into Effect on November 21, 2009
Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) went into effect on November 21, 2009. GINA will have an important impact on employers because it increases protections for the employee against discrimination, retaliation, and harassment in the workplace based upon genetic information. Under Title II of GINA, it is unlawful for covered […]
Craig W. Trepanier and James C. MacGillis Recognized by Minnesota Super Lawyers Magazine
Super Lawyers magazine recognized both of the founders of Trepanier & MacGillis P.A. as top attorneys in the State of Minnesota in 2009. Craig W. Trepanier has been named by Minnesota Super Lawyers magazine as one of the top attorneys in Minnesota for 2009. Only five percent of the lawyers in the state are named […]
Recent Amendments to the FMLA and Department of Labor FMLA Regulations
At the beginning of this year, the U.S. Department of Labor (“DOL”) issued important new regulations regarding the Family & Medical Leave Act (“FMLA”). The new regulations changed several areas of the FMLA regulations, including the definition of “serious health condition,” employer and employee notice obligations, and certification procedures. The new regulations also address the […]