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Trade Secrets | Noncompetes

Providing news and commentary on trade secrets, restrictive covenants, computer fraud, and employee mobility.

November 20, 2023

Roundtable on preparing for California’s new, nationwide noncompete ban is available

The recording of a roundtable brainstorming session among more than 40 restrictive covenant / trade secret / employee mobility lawyers from around the country discussing the nationwide impact of California’s new, expanded anti-restrictive covenant laws is now available. The conclusion? Houston, we have a problem.

The recording of a roundtable brainstorming session among more than 40 restrictive covenant / trade secret / employee mobility lawyers from around the country discussing the nationwide impact of California’s new, expanded anti-restrictive covenant laws is now available. The conclusion? Houston, we have a problem.
November 10, 2023

50 State Noncompete Chart Updated (November 10, 2023: Nevada)

Our 50-state (plus DC) chart of noncompete laws has been updated to reflect a Nevada Supreme Court decision and is available here.

Our 50-state (plus DC) chart of noncompete laws has been updated to reflect a Nevada Supreme Court decision and is available here.
November 5, 2023

Roundtable: Avoiding the Californication of your noncompetes

Two new California laws will fundamentally alter the national noncompete landscape, effectively voiding other states’ laws and contracts, and adversely impacting companies’ ability to protect their trade secrets, confidential business information, customer goodwill, and other legitimate business interests. Join us and over 40 other lawyers for a roundtable brainstorming session.

Two new California laws will fundamentally alter the national noncompete landscape, effectively voiding other states’ laws and contracts, and adversely impacting companies’ ability to protect their trade secrets, confidential business information, customer goodwill, and other legitimate business interests. Join us and over 40 other lawyers for a roundtable brainstorming session.
November 2, 2023

Juvly Aesthetics justifies its noncompete to the NLRB

The aesthetics spa charged by the General Counsel of the National Labor Relations Board (NLRB) with engaging in unfair labor practices for using restrictive covenants is seeking to have the case dismissed. Quick background: Recall that on May 30, 2023, the NLRB General Counsel issued a memo asserting her view that noncompetes (and certain other … Continue reading Juvly Aesthetics justifies its noncompete to the NLRB

Juvly Aesthetics justifies its noncompete to the NLRB
November 1, 2023

Delaware Supreme Court Considers Forfeiture-for-Competition Agreements

The Delaware Supreme Court heard oral arguments today about the standard applicable to forfeiture-for-competition provisions.

The Delaware Supreme Court heard oral arguments today about the standard applicable to forfeiture-for-competition provisions.
October 17, 2023

California remains on brand: New law expands restrictive covenant ban and requires notice

California passed another anti-noncompete, anti-nonsolicit law. The law says that California’s prohibition on restrictive covenants is to be read broadly and requires companies to notify employees subject to a covenant that violates that law that their restrictions are void and unenforceable. It operates retroactively and, not surprisingly, there are penalties.

California passed another anti-noncompete, anti-nonsolicit law. The law says that California’s prohibition on restrictive covenants is to be read broadly and requires companies to notify employees subject to a covenant that violates that law that their restrictions are void and unenforceable. It operates retroactively and, not surprisingly, there are penalties.
September 26, 2023

California doubles down on its anti-noncompete, anti-nonsolicit policy

Another anti-noncompete, anti-nonsolicit bill in California is now on the Governor’s desk. The bill says that California’s prohibition on restrictive covenants is to be read broadly and requires companies to notify employees subject to a covenant that violates that law that their restrictions are void and unenforceable. It operates retroactively and, not surprisingly, there are penalties.

Another anti-noncompete, anti-nonsolicit bill in California is now on the Governor’s desk. The bill says that California’s prohibition on restrictive covenants is to be read broadly and requires companies to notify employees subject to a covenant that violates that law that their restrictions are void and unenforceable. It operates retroactively and, not surprisingly, there are penalties.
September 21, 2023

FTC signs MOU with DOL to “protect” workers

FTC and DOL have entered an MOU to “protect” workers from noncompetes, nondisclosure agreements, and other restrictive covenants.

FTC and DOL have entered an MOU to “protect” workers from noncompetes, nondisclosure agreements, and other restrictive covenants.
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Fair Competition Law keeps you updated with the latest developments in the law of unfair competition, provides critical analysis of many of the most complex and vexing issues in trade secret law, noncompete law, and related areas of computer fraud and employee mobility, and provides historic and current information, an unbiased perspective, and practical advice to employers, employees, and others.

Materials created for Fair Competition Law include our easy-to-use, first-of-its-kind 50 state chart of noncompete laws around the country. First created in 2010, the 50-state survey is updated regularly, as the law develops. It is widely used by companies, lawyers, and others, and has been relied on by the leading academic researchers, as well as by the White House and United States Department of the Treasury. In 2016, we created another 50-state chart, a state-by-state comparison of each state’s trade secrets laws (and the federal Economic Espionage Act, as amended by the Defend Trade Secrets Act of 2016) to the most recent version of the Uniform Trade Secrets Act, which has been adopted (with significant variations) in almost every state. In addition, as more and more states, and ultimately the federal government, began focusing on trade secret and noncompete laws, we created a resource to help keep everyone current: “The Changing Landscape of Trade Secrets Laws and Noncompete Laws Around the Country.”

Starting in 2020, we also created the “Ten Minute Trade Secret Training” series of videos to help companies educate their employees about the risks posed to trade secrets and the best practices for protecting them. The videos cover all aspects of the employment relationship, from the recruiting and on-boarding stage, during the course of employment, and all the way through the off-boarding process.

Fair Competition Law was established in 2010 by Russell Beck, who had previously started one of the first blogs in the country about trade secrets and noncompetes before starting the boutique law firm, Beck Reed Riden LLP. Based in Boston office, the firm has a national trade secrets, restrictive covenants, and employee mobility practice.