HeyJaredStephen E. Fox
- Indexed articles, last 90 days
- 5
- Latest publication
- Oct 1, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Jul 30, 2026
Latest articles
A Patchwork Intensifies: What The 2025–2026 State Healthcare Noncompete Wave Means For Multi-State Employers (opens the original)
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When a Texas federal court vacated the FTC’s proposed nationwide noncompete ban in August 2024, many employers exhaled. But as our colleagues wrote last December, the FTC’s interest in noncompetes did not disappear with its rulemaking authority; the agency simply reoriented toward case-by-case enforcement. We have written separately about how that enforcement campaign has evolved, and why filing a noncompete lawsuit may now invite federal scrutiny of an employer’s entire noncompete program. This
The Sum Is The Secret: When A Compilation Becomes A Trade Secret (opens the original)
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A Washington federal court’s recent refusal to overturn a $1.9 million trade secret verdict against three former chemical sales representatives illustrates a commonly misunderstood point in trade secret law: a compilation of individually unremarkable, even public, information can still be a protectable trade secret. The case, Silver Fern Chemical, Inc. v. Lyons, proceeded in the Western District of Washington before District Judge Tana Lin. The factual allegations were straightforward. Three Sil
Pleading Your Case Without Giving Away The Store: Surviving A Motion To Dismiss In Trade Secret Cases (opens the original)
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Trade secret plaintiffs routinely face a paradox at the pleading stage: describe your secrets with enough particularity to survive a motion to dismiss, but without revealing the very information you are trying to protect. O9 Solutions Inc. v. SAP SE et al., a recent ruling from the Northern District of Texas, offers useful guidance on how to properly thread that needle. How the Dispute Began: Employees, Downloads, and a Competitor O9 Solutions, Inc., an artificial intelligence software company,
Good Faith Is Not Good Enough: Texas Court Puts Employers On Notice About For-Cause Executive Terminations (opens the original)
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At Sheppard, we regularly advise employers on the most consequential decisions they face—including the decision to terminate a senior executive for cause. In such executive termination scenarios, the stakes are high in every direction. An appropriate for-cause termination often eliminates an executive’s right to substantial severance, equity, and post-employment benefits; saving the company significant financial burden. But an improperly documented or legally deficient for-cause determination ca
Name It Or Lose It: What The Eighth Circuit’s Wilbur-Ellis Decision Means For Employers Facing Employee Departures (opens the original)
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When a group of key employees walks out the door and lands at a direct competitor, an employer’s instinct is to act fast and act broadly—filing suit and casting a wide net for evidence of wrongdoing. On July 7, 2026, the Eighth Circuit served a stark warning in Wilbur-Ellis Company v. Gompert: this instinct to act fast and act broadly, without careful preparation and specificity, can lead to costly failure in court. The case offers a roadmap of the pitfalls employers must avoid when pursuing tra
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