As predicted, the FTC is continuing to bring enforcement actions against companies using noncompetes. Are you ready?
Education comes at a price. But not this time. Beck Reed Riden is making available its Ten Minute Trade Secret Training Series videos freely available - and available for free. With the FTC rule banning noncompetes on the horizon and more states limiting the use of noncompetes, it is now more imperative than ever before that companies and employees take steps to protect their trade secrets, other confidential information, and customer relationships.
Episode 22 of Fairly Competing is out! Join us for a discussion of some practical problems with the Defend Trade Secrets Act, John Marsh’s ideas for amendments to fix them, and our plan to try to make the fixes happen.
Once again, we have resounding unanimity on the issues and recommendations to the FTC, as they consider whether to move forward with their plan to ban noncompetes, as well as some nondisclosure agreements and other restrictive covenants. Over 100 lawyers who practice extensively in the area of trade secret and restrictive covenant law agree: federal regulation is likely inappropriate, definitely premature, and, in any event, should be limited.
If you want to see how ChatGPT can affect the practice of law, we have an example of a cease and desist letter inspired by the style of the beloved Dr. Seuss.
The FTC extended the March 20 deadline for comments to it’s Notice of Proposed Rulemaking on noncompetes (the proposed rule to ban noncompete) to April 19.
Our updated graph of noncompete, trade secret, and DTSA decisions is now available. Noncompete decisions remain level, while trade secret decisions continue to trend up.
In Part 2 of our tour of the history of trade secret law and developments since before Roman times, we pick up while Newton is inventing calculus.
Episode 19 of Fairly Competing is out! Join us for the key developments in trade secret and restrictive covenant law from the past year.
As we ponder the best ways to protect trade secrets today, it’s good to have a quick reminder that this has been a long-term issue. So, we’ll take a two-part tour of trade secret law and developments from before Roman times to now.
Episode 18 of Fairly Competing is out! In this episode, we talk with AIPLA President, Brian Batzili, immediate past-President, Patrick Coyne, and Executive Director, Vince Garlock, about their experience with the AIPLA, the Trade Secret Law Committee, and trade secret law more generally.
Keeping track of the flood of noncompete and trade secret law changes across the country is no easy task. Here are some resources to make it easier.
Episode 17 of Fairly Competing is out! In this episode, we discuss what employers can and cannot do when they suspect trade secret misappropriation by a departing employee.
A new federal bill to amend the Fair Labor Standards Act to ban noncompetes — both retroactively and prospectively — for nonexempt workers.
Whether something is a trade secret, confidential information, or general skill and knowledge may dictate whether and how it can be protected. There is significant disagreement about where the lines are drawn and the consequences of the categorization. Yet these issues can have serious implications for companies and employees alike.
Knowing the noncompete and trade secret laws across 50 states, plus D.C., is no easy task. And keeping track of the flood of changes in recent years makes it all the more difficult. Unfortunately, it’s not something you can ignore. Because of this, we have created several resources that make the task easier. We hope you find them helpful.
Given that good CLE programs can be hard to identify, I put together a list of a few upcoming, content-rich programs that I and leading practitioners, in-house counsel, experts, and others from around the country are participating in.
While most people reading this blog will know that California has a statute that bans noncompetes, it may come as a surprise that employers have dealt with that prohibition by turning to trade secret law for protection as far back as 1913 — even for low-level employees.
The Key to Seeking and Defending Against Temporary Restraining Orders (Fairly Competing, Episode 16)
Episode 16 of Fairly Competing is out! In this episode, we discuss what you need to know when you are either seeking or defending against a temporary restraining order in a trade secret or noncompete case.
Episode 15 of Fairly Competing is out! In this episode, John, Ben, and Russell discuss what to do when you receive a cease and desist letter, including how to prepare for it and how to respond to i...
Our updated graph of noncompete and trade secrets decisions is now available. Noncompete decisions remain level, while trade secret decisions continue to trend up.
Episode 14 of Fairly Competing is out! Join John, Ben, and Russell for a discussion with special guest Vicki Cundiff about irreparable harm in trade secret disputes.
Over 50 percent of employees admit stealing company information when they leave for a new job. It’s this “insider threat” that keeps us up at night. To help combat it, we have updated and reissued our training, Protecting Trade Secrets While Working From Home, with improved audio and additional substance.
The thought of trade secrets tends to conjure up images of cloak and dagger operations, secret laboratories, the secret formula to Coca-Cola, Google’s search algorithm, and the like. But trade secre...