About two years ago, my partner Steve Riden and I wrote a blog post on my old blog (the Trade Secrets / Noncompete Blog) entitled, Back to the Basics... The Computer Fraud and Abuse Act. The post wa...
This post provides a summary of noncompete and trade secret issues and cases that have arisen in the past month or so, but that I have not already addressed in recent posts. In addition to my summary,...
Your employee markets your company through Twitter, Facebook, LinkedIn, and YouTube. The employee develops – as he or she is asked to do – a substantial network. Later, your employee leaves. Wh...
About a year a a half ago, I was curious to see how many actual reported trade secret / noncompete decisions were issued each year. So, I did a "back of the envelope" calculation. The results are here...
This post relates to the procedural practice of law (litigation, really). Although not specific to "Unfair Competition," it is particularly relevant to these issues, given the frequent comparison of C...
Unlike patents, trademarks, and copyright, there is no federal trade secret statute. Instead, each of the 50 states has its own laws. And, although most of states have adopted some version of the Unif...
Earlier today (September 15), the Massachusetts legislature’s Joint Committee on Labor and Workforce Development took testimony on the pending bills to reform Massachusetts noncompete law:  two to...
The Joint Committee on Labor & Workforce Development has officially announced that it will be conducting a hearing on, among other things, the Massachusetts noncompete bill on September 15. The he...
The United States District Court for the District of New Jersey recently issued a decision (Syncsort Incorporated v. Innovative Routines, International, Inc.) providing one more piece in the puzzl...
This year, we have seen several dramatic changes to noncompete laws around the country. The following are some of the highlights: California: Â Many people thought noncompetes were DOA with the Cal...
As those of you following the Massachusetts noncompete bill will recall, a modified version of the bill was refiled in January. (See Massachusetts Noncompete Bill Refiled.) Although the refiled bil...
The BRR 50 State Noncompete Chart has been updated today (June 26, 2011) to reflect an update to Colorado and Texas laws. Both changes reflect significant developments in the respective state's...
The central component of Texas noncompete law that separated it from the pack is that the consideration needed to support a noncompete had to be related to the legitimate business interest sought to b...
While everyone else gets their information by googling it, how does Google get its information? Well, according to Pay Pal, it steals it. Just two days ago (Friday, May 27, 2011 - for those reading...
Big happenings in France (well... in the world of noncompetes, anyway). In France, noncompetes arising our of an employment relationship are similar to those in other European countries that enfor...
After months of confusion, it is now official: Georgia has a new - and valid - noncompete law. The law will apply only to noncompete agreements entered into on or after May 11, 2011, and will permit G...
Recognizing the need to crack down on misappropriation of trade secrets, the Department of Justice (DOJ) has stepped up its enforcement of the Economic Espionage Act, among other statutes. See the DO...
Hairdressers have been held out as a prime example why noncompete reform is required in Massachusetts. Whenever the hairdressers are rolled out, however, those opposed to reform contend that courts â€...
Today's headlines provided an interesting twist on the intersection between trade secret law and sunshine (or "freedom of information") laws. See UConn Fights to Keep Donor List Secret. Typically,...
As we all know, trade secret litigation has been steadily on the rise for the past decade. (See The Who, What, Where, When, How, and Why of Trade Secret Audits and, in the related area of noncompete...
For those of you interested in seeing a copy of the Massachusetts noncompete bill as it was filed, click here or on the image to the right. Remember that the goal of the Representatives sponsoring...
I don't think I've ever before provided just a link to another story, but, under the circumstances, just click here to see how squirrelly things have gotten in the world of noncompetes.  Enjoy!...
Hank Mullany, former president of Walmart's northern U.S. division, reportedly left Walmart to head up CVS's retail pharmacy. In response, Walmart sued Mullany (Wal-Mart Stores Inc. v. Mullany, CA No...
This week’s disclosures by Wikileaks of hundreds of thousands of classified, secret documents is a stark reminder of the admonitions that we trade secrets lawyers have been saying for years: It is...