Is It Time to Switch Gears? Enforceability of Automotive Company Employee Confidentiality Restrictions

New Federal Trade Secret Protections on the Horizon?

Given the large workforces and importance of intellectual property and trade secrets in the automotive industry, automotive companies rely heavily on confidentiality provisions in employment agreements and employee handbooks. Thanks to a recent enforcement action brought by the U.S. Securities and Exchange Commission (SEC), it may be time to review and revise these confidentiality provisions. Continue reading this entry

Is Your Company a Federal Government Contractor?

Suppliers Get Ready For Your Recalls

Many automotive suppliers do not consider themselves federal government contractors because they only sell goods and services to the major OEMs and not directly to the federal government. However, purchase orders with OEMs or other customers that incorporate by reference Federal Acquisition Regulation (“FAR”) clauses, FAR agency supplemental clauses, or other federal government contracting laws and regulations will obligate your company to comply with the government-unique requirements incorporated by reference therein. These FAR and FAR agency supplemental clauses are often found in a customer’s terms and conditions incorporated by reference in the subcontract or purchase order and available on the customer’s website. Continue reading this entry

Foley Named to BTI Client Service 30 for 12th Year and “Go-To Provider” in BTI Brand Elite 2015 Report

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Every now and then, our law firm makes blog worthy news.  In those instances, please pardon our shameless self-promotion.  We here at the Dashboard are proud to share that Foley has been recognized with two outstanding designations by The BTI Consulting Group:

  • 1 of the top 10 U.S. law firms that are most recommended by corporate counsel for client service excellence as reported in the 2015 BTI Brand Elite list
  • Listed in the elite BTI Client Service 30 for the 12th year, placing Foley among one of 11 law firms to hold this distinction for more than 10 years

Continue reading this entry

Different Standards for Self-Critical Analysis Privilege: What You Need to Know

NU.S. Supreme Court Expands Scope of Whistleblower Protections

In a recent March 19, 2015 decision, the Illinois Supreme Court refused to acknowledge the self-critical analysis privilege. This recent discussion underscores the need to understand the different standards for the privilege in each jurisdiction a company operates under and the importance of the proactive steps to safeguard privilege detailed in our November 13, 2014 post, Protecting Your Safety Investigations and Deliberations from Prying Eyes. Illinois now joins a number of states, such as Indiana and Rhode Island, that have refused to adopt the privilege absent legislative authority. Continue reading this entry

Stop. Wait a Minute. I Have a Few Questions Before You Drive Away

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With the continued success of the auto industry, comes the increase in employee mobility. Regardless of how great you are as an employer, not all of your employees will stick around forever, especially your most valuable employees who may now be provided with more opportunities to move down the street to a competitor. If the employee is valuable to you, you can be sure he or she would be just as valuable, if not more so, to a competitor. When the day comes to say goodbye, make sure to have an exit strategy in place to guard against your confidential information and with your former employee. Continue reading this entry