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Nacht Law in the News Archives

Why are non-compete agreements popular?

This article "Companies Compete but Won't Let Their Workers Do the Same" is a thoughtful piece and there is much I agree with, especially in regard to lower wage workers and the depressing effect of non-competes on wages. But the author fails to note the real reason why non-competes are popular: companies invest in their employees in developing relationships with customers and in learning technology. Smaller companies that don't have non-competes for key personnel are difficult to sell. And companies take a real risk that employees will simply learn from the experience of a job and hand a customer list on a platter to the competitor. So in the absence of a non-compete, many companies won't invest or trust their employees. That can slow the growth of companies. Moreover, in some states, companies pay employees to sign a non-compete. In the Midwest, companies don't need to do that. That is wrong. Companies should pay a premium for workers limiting post-job options. But California is hardly the panacea the author claims. I have represented many employees who have been threatened with aggressive approaches to trade secrets violations by their former California employer. In other words, when the former employer can't use a non-compete, they find other paths. Are non-competes over-used?  Undoubtedly.

CEO of Michigan Municipal League accused of harassment by current, former staffers

NachtLaw represents several current and former employees of the Michigan Municipal League involved in this story. It is a reminder that sexual comments, emails and behavior, even without sexual touching and requests for sexual favors, may nonetheless support a claim of illegal sexual harassment and discrimination - as well as potential retaliation if one suffers adverse employment consequences for reporting such behavior.

Why fighting for gender equality matters

NachtLaw, P.C. does not subscribe to slogans or falsehoods. We discover facts and that is what we prove to judges and juries. "Science" Is the most prestigious scientific journal that cuts across fields. To get published there, a study must have the best methodology-- the greatest level of rigor and merit. The Detroit Free Press reports on a study in Science that will break your heart, "Little girls doubt that women can be brilliant".    

The legal standard for rape or criminal sexual conduct

The legal standard for rape or criminal sexual conduct, as it is technically known in Michigan law, is not that high. But it does require that there be credible evidence of non-consensual sexual touching. The standard of what is it consensual is whether a reasonable person would realize that the person who later claims it was rape was not consenting. In an increasing number of cases that arise on college campuses, the person who claims she was raped was not too drunk to consent, nor did she say "no." Quiet unhappiness by one person will not in most cases be the basis for criminal charges that stick. It can however be the basis for campus Title IX proceedings where the standard is often "yes means yes".

Court of Appeals Decides Internet Anonymity Case

The Michigan Court of Appeals has ruled in the case of Sarkar v. Does, a case brought by Nicholas Roumel of NachtLaw on behalf of a research scientist who was subject to a smear campaign, by anonymous commenters on an anonymously hosted web site called "PubPeer," that ultimately cost Dr. Sarkar two tenured university positions. The decision was anxiously awaited by both the scientific and internet community, drawing "friend of the court" briefs from Google and Twitter, among others.

NachtLaw Wins Motion in Internet Anonymity Case

The Michigan Court of Appeals is considering cross-appeals in the case of a prominent cancer researcher, represented by Nicholas Roumel of NachtLaw, who was subject to a smear campaign, by anonymous commenters on an anonymously hosted web site. (See previous blog post about Sarkar v. Doe(s)).   After oral argument, while the Court was considering the case, the web site's attorneys attempted to introduce the results of an investigation against the researcher into the appellate record. NachtLaw considered this to be an improper attempt to influence the Court with evidence that was not properly presented before the court. The court just issued a ruling, siding with NachtLaw, and refusing to allow introduction of the investigation. This development was covered by Retraction Watch and "The Scientist":

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