As regular readers of this blog know, I focus on providing content and rarely suggest educational programs to attend. However, given that CLE programs are still remote and can be hard to identify, I t...
About twice a year, I update my chart of reported noncompete and trade secrets decisions. The results continue the trend: While noncompete litigation appears to have largely leveled off over the last 15-plus years, trade secret litigation continues to reflect an overall upward trajectory.
If you’ve been following along with this series of posts, you know that there have been 66 noncompete bills pending in 25 states this year — plus three pending federal noncompete bills, D.C.’s new law to ban most noncompetes, and a bill to rein in D.C’s new law before it becomes effective (which is anticipated to be in April 2022). Today’s post discusses New Jersey’s proposed noncompete legislation.
Episode 11 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I explore the ins and outs of mediating trade secret disputes through a discussion with special guest James Pooley, one of the true deans of the trade secret bar.
Misconceptions about noncompetes abound. And, as noncompete agreements are increasingly in the cross-hairs of the media and legislators, it has become increasingly clear that some of the most vocal de...
Episode 10 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I explore the Supreme Court’s decision in Van Buren v. U.S., narrowly interpreting the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 — and what it means for protecting proprietary electronic materials.
Ask two lawyers for their opinion and you’ll get three opinions. But I asked almost 60 lawyers (and paralegals) and got only one opinion — consistent with the last time, when I asked 21 lawyer...
Episode 9 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss litigating trade secret cases generally and post-COVID, this time with a focus on the reasons for the lack of civility in trade secret and restrictive covenant cases — and what to do about it.
Episode 8 of Fairly Competing is out!
In this episode, Ben Fink, John Marsh, and I discuss litigating trade secret cases — including expedited discovery, depositions, protective orders, and hearings on motions for temporary restraining orders and preliminary injunctions — generally and post-COVID.
In this episode, Ben Fink, John Marsh, and I discuss litigating trade secret cases — including expedited discovery, depositions, protective orders, and hearings on motions for temporary restraining orders and preliminary injunctions — generally and post-COVID.
The Supreme Court’s decision in Van Buren is out. The Court took a narrow view on the scope of the CFAA, resolving key aspects of the circuit split, and eliminating the concern that every breach of fiduciary duties by an employee or violation by an employee of the terms of their employer’s computer use policy can be a criminal act.
As regular readers of this blog know, I focus on providing content and rarely suggest programs to attend. However, given that CLE programs are still remote and can be hard to identify, I thought I’d take a moment to call out a few upcoming, content-rich programs. Take a look.
Episode 7 of Fairly Competing is out, and it’s a departure from our usual. We are making available (through this episode and the last) Trade Secret Roundtable on Developments and Emerging Issu...
Are you sure your company is taking reasonable measures to protect the information it claims is a trade secret? Vicki Cundiff (of Paul Hastings), Mark Whitaker (of Morrison & Foerster), an...
This episode is a departure from our usual. The program is part one of the Trade Secret Roundtable on Developments and Emerging Issues, a program presented by NERA Economic Consulting at which John Marsh, Ben Fink, and I were panelists along with Dr. Stephanie Demperio and Vicki Cundiff.
The Business Litigation Session (the “BLS”) of the Massachusetts Superior Court just issued a decision on the scope of preemption under Massachusetts “new” (effective October 1, 2018) trade secret law, the Massachusetts Uniform Trade Secrets Act (sometimes referred to as “MUTSA,” and other times as “MTSA”). See what it says.
Episode 5 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss the standards that apply and issues that arise when seeking or defending against an injunction in a trade secret or restrictive covenant case, and how they’ve been impacted by COVID. We also discuss the “Unicorn Case” and whether geographic restrictions make sense anymore.
Episode 4 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss two additional hot topics in trade secret and noncompete law, particularly during COVID-19: protecting trade secrets through technologies like Zoom and the importance of exit interviews and how to manage the departure of remote workers.
I am pleased to announce that the 6th edition of my book, Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants, is now out!
Ben Fink, John Marsh, and I are pleased to announce the launch of Fairly Competing — a podcast providing in-depth analysis of trade secret law and the law of noncompetes and other restrictive covenants for a broad audience.
About twice a year, I update my chart of reported noncompete and trade secrets decisions. As regular readers of this blog know, a little over a decade ago, I became curious to see how many reported trade secret and noncompete decisions were issued each year in all of the federal and state courts around the country. So, I did a “back of the envelope” calculation. I have performed similar calculations every year since. Here is the latest.
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.
To long? Here’s the summary.
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.
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.
Trade secret misappropriation is not a matter of degree. Either the defendant acquired, used, or disclosed information or he did not.