2020 - Fair Competition Law

47 states can be wrong, apparently: D.C. Council votes to ban (most) noncompetes

Dec 16, 2020Dec 16, 2020

Despite the misinformation, despite that the last ban on noncompetes was in Oklahoma before it was a state, and despite that literally every state in the past decade to consider a ban has rejected it, the D.C. Council has yielded to the rhetoric and voted to ban noncompetes. Next step: the bill now sits with D.C.’s mayor.

3 Steps to Take Now To Protect Against President-elect Biden’s Proposed National (Partial) Ban on Noncompetes (Executive Summary Version)

Dec 8, 2020Dec 8, 2020

A few days ago, I posted a long article on President-elect Biden’s proposed national partial ban of noncompetes and what to do about it: President Biden’s Proposed Ban of (Most) Noncompetes: Protection Strategies and Steps to Take Now.

To long? Here’s the summary.

47 states can’t be wrong: D.C. to ban noncompetes (maybe)

Dec 7, 2020Jan 30, 2021

What concept did President Obama, President-elect Biden, and 47 states – including every single state to consider the issue in the past decade – reject? A ban on noncompetes.

What bill did the Council of the District of Columbia Committee on Labor & Workforce Development just vote to approve? Yep: a ban on noncompetes.

“Low-wage” employees are exempt from nine noncompete laws. But, who is a low-wage employee?

Dec 6, 2020Dec 6, 2020

Nine states ban noncompetes for low-wage workers, yet, each state varies on the issue of who qualifies as a low-wage worker. This post discusses the standards applicable in each state.

President Biden’s Proposed Ban of (Most) Noncompetes: Protection Strategies and Steps to Take Now

Dec 2, 2020May 14, 2021

Protecting trade secrets, confidential business information, goodwill, and any other recognized legitimate business interests does not happen by accident. Companies need to plan. And, when one of the key tools is taken away (i.e., noncompetes), they need to look more closely at the remaining options to ensure they have the protections they need and that fit their circumstances. We discuss them in this post.

Computer Fraud and Abuse Act Supreme Court Oral Argument is Today!

Nov 30, 2020Nov 30, 2020

The split in the Circuits over the scope of the Computer Fraud and Abuse Act is up at the U.S. Supreme Court today. The issue: Whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose.

50 State Noncompete Chart Updated (November 26, 2020)

Nov 25, 2020Dec 18, 2020

Based on a review of recent noncompete decisions and laws from around the country, I have updated our chart, “Employee Noncompetes - A State-by-State Survey.”

Massachusetts Noncompetition Agreement Act: “Without Cause” (Possibly) Explained

Nov 22, 2020Nov 22, 2020

As set forth in the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L, “[a] noncompetition agreement [entered into on or after October 1, 2018] shall not be enforceable against . . . employees that have been terminated without cause or laid off . . . .” Id. at § 24L(c).

“Without cause” is not defined in the statute. Worse, its meaning – particularly when juxtaposed against the category of “laid-off” workers – is unclear.

Year-End Update on the Continuing Massachusetts Noncompete Legislative Efforts

Nov 9, 2020Nov 16, 2020

With the 2019-2020 legislative session coming to an end in Massachusetts, we review the status of outstanding noncompete-related legislation pending at the statehouse.

Trade Secret Misappropriation: It doesn’t matter if you’re a bad bank robber – you’re still a bank robber

Nov 8, 2020Nov 8, 2020

Trade secret misappropriation is not a matter of degree. Either the defendant acquired, used, or disclosed information or he did not.

Upcoming Trade Secret Law Learning

Oct 23, 2020Oct 31, 2020

As regular readers of this blog know, I focus on providing content, and don’t often suggest programs to attend. However, it just so happens that over the course of the next week, there are three programs that all provide some helpful insights, each in a different way. Take a look.

PSA: Protecting Trade Secrets – Working at Home – Training Video Is Updated and Available

Oct 18, 2020Oct 21, 2020

We recently updated our “Ten Minute Training” series video, Protecting Trade Secrets - Working at Home. The need for this type of training has never been so compelling. Just look at Smash My Trash, LLC.

Reminder: Zoom Needs to Be Set Appropriately to Protect Your Trade Secrets

Oct 18, 2020Oct 18, 2020

You’ve heard the warnings: Set your Zoom settings to require a new ID for each meeting, require a password for entry, put people in waiting rooms, etc. Well, it actually matters – and not just in theory, but in real life. Let us know if you would like our free training video.

Stuck at Home Doesn’t Have to Mean Bored at Home (Start of Fall Update)

Sep 22, 2020

Fall starts today. Happy fall! Below are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” The purpose of the original post and these updates was to provide ideas...

What have we learned from COVID-19 injunction cases?

Sep 20, 2020Sep 20, 2020

Recent cases suggest that courts are not reflexively responding to the impacts of COVID-19 by denying preliminary injunctive relief. They continue to evaluate the need for injunctive relief as before, and are simply adding the impacts of the pandemic into the mix as appropriate.

Louisiana’s Recent Changes to Its Noncompete Law Explained and Put In Context

Sep 13, 2020Sep 13, 2020

Effective August 1, 2020, Louisiana again strengthened its noncompete law. Although there has already been some commentary on the new law, this post delves a little deeper and looks at the statutory framework and some legislative history (following broad changes in 1989) to gain a better understanding of the significance of the otherwise seemingly insignificant change.

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trade secrets | noncompetes | privacy and security | CFAA | trademarks | copyrights | business torts | unfair competition

Yearly Archives: 2020

47 states can be wrong, apparently: D.C. Council votes to ban (most) noncompetes

3 Steps to Take Now To Protect Against President-elect Biden’s Proposed National (Partial) Ban on Noncompetes (Executive Summary Version)

47 states can’t be wrong: D.C. to ban noncompetes (maybe)

“Low-wage” employees are exempt from nine noncompete laws. But, who is a low-wage employee?

President Biden’s Proposed Ban of (Most) Noncompetes: Protection Strategies and Steps to Take Now

Computer Fraud and Abuse Act Supreme Court Oral Argument is Today!

50 State Noncompete Chart Updated (November 26, 2020)

Massachusetts Noncompetition Agreement Act: “Without Cause” (Possibly) Explained

Year-End Update on the Continuing Massachusetts Noncompete Legislative Efforts

Trade Secret Misappropriation: It doesn’t matter if you’re a bad bank robber – you’re still a bank robber

Upcoming Trade Secret Law Learning

PSA: Protecting Trade Secrets – Working at Home – Training Video Is Updated and Available

Reminder: Zoom Needs to Be Set Appropriately to Protect Your Trade Secrets

Stuck at Home Doesn’t Have to Mean Bored at Home (Start of Fall Update)

What have we learned from COVID-19 injunction cases?

Louisiana’s Recent Changes to Its Noncompete Law Explained and Put In Context

Stuck at Home Doesn’t Have to Mean Bored at Home (Labor Day Weekend update)

Stuck at Home Doesn’t Have to Mean Bored at Home (August 23 update)

AIPLA Trade Secret Law Summit is Coming Up, and It’s Accessible From Your Couch

California Takes a Reasonable(ness) Approach to B2B Noncompetes

Senators Warren and Murphy Again Push the FTC to Regulate Noncompetes

Stuck at Home Doesn’t Have to Mean Bored at Home – Bi-Weekly Update (July 18)

Stuck at Home Doesn’t Have to Mean Bored at Home – Bi-Weekly Update (July 3)

50 State Noncompete Chart Updated (June 27, 2020)