,%20the%20Federal%20Trade%20Commission%20(FTC)%20proposed%20a%20rule%20yesterday%20that%20would%20ban%20non-competes%20in%20employment%20contracts.)
As an update to our previous blog post on non-compete laws (found here), the Federal Trade Commission (FTC) proposed a rule yesterday that would ban non-competes in employment contracts.
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Gutwein Law is pleased to announce that Audrey Wessel and Ross Yates have been elected partners in the firm. “Audrey and Ross represent the best of Gutwein Law,” said Stuart Gutwein, Managing Partner. “They have been vital in continuing the growth of our firm with their extensive knowledge, hard work, and extraordinary service to our clients. We are pleased to celebrate their achievements.”
...Read More%20on%20an%20effective%20tool%20and%20process%20for%20removing%20accused%20patent%20infringing%20products%20on%20Amazon.com%20called%20the%20Amazon%20Patent%20Evaluation%20Express%20Procedure%20(APEX).%20The%20APEX%20program,%20at%20its%20core,%20is%20a%20streamlined%20process%20utilizing%20a%20neutral%20party%20(“evaluator”)%20to%20evaluate%20a%20single%20patent%20claim%20of%20an%20asserted%20U.S.%20patent%20to%20determine%20if%20an%20accused%20infringing%20product%20is%20more%20likely%20than%20not%20to%20infringe%20the%20asserted%20patent.%20The%20process%20requires%20the%20submission%20of%20a%20brief%20providing%20legal%20argument%20and%20information%20to%20either%20support%20or%20defend%20a%20parties%20claim%20of%20infringement.)
Recently I had the pleasure of presenting at the Midwest Intellectual Property Summit hosted by the Indiana Continuing Legal Education Forum (ICLEF) on an effective tool and process for removing accused patent infringing products on Amazon.com called the Amazon Patent Evaluation Express Procedure (APEX). The APEX program, at its core, is a streamlined process utilizing a neutral party (“evaluator”) to evaluate a single patent claim of an asserted U.S. patent to determine if an accused infringing product is more likely than not to infringe the asserted patent. The process requires the submission of a brief providing legal argument and information to either support or defend a parties claim of infringement.
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An independent contractor is a worker who contracts with individuals or entities to provide services and is distinct from an employee. When workers are classified as independent contractors, they are not entitled to the benefits and protections afforded to employees. If an employer misclassifies workers as independent contractors rather than employees, even if by accident, there can be severe penalties.
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A non-competition agreement (or "non-compete") is a legal contract designed to prevent an employee from competing with their employer. Generally, non-compete agreements must be no broader than necessary to protect the employer's legitimate business interests. Restrictions included in such agreements must also be narrowly drawn with respect to duration, geography, and the type of competitive activities prohibited.
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