Category Archives: Unfair Competition Basics

Fairly Competing, Episode 12: Wisk Aero LLC v. Archer Aviation Inc. (How to Avoid Dismissal and Get an Injunction in Trade Secret Cases)

Oct 17, 2021Jul 10, 2022

Episode 12 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I explore Wisk Aero LLC v. Archer Aviation Inc., an extremely well-reasoned decision offering an object lesson about preliminary injunctions in trade secret cases, highlighting that it’s no longer safe to assume you will get a preliminary injunction simply because a former employee downloaded 5,000 documents — even if he invokes the 5th Amendment.

Fairly Competing, Episode 10: The Supreme Court’s Decision in Van Buren v. U.S. (Computer Fraud and Abuse Act)

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.

New Edition of Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants Now Out!

Feb 26, 2021Feb 26, 2021

I am pleased to announce that the 6th edition of my book, Negotiating, Drafting & Enforcing Noncompetition Agreements & Related Restrictive Covenants, is now out!

Leaving your job? Don’t take anything… anything! New employers take note.

Oct 24, 2019Oct 21, 2019

Leaving your job? No problem. Going to a competitor? No problem (maybe). Taking stuff that doesn’t belong to you? Problem - definitely. Companies are particularly sensitive the misappropria...

Massachusetts Noncompete Law – A Primer

Mar 29, 2016Apr 6, 2020

For those looking for a basic primer on Massachusetts noncompete law, I thought I'd provide the following from my book, Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related...

BRR 50-State Noncompete Chart Updated

Aug 9, 2015Apr 3, 2020

The BRR 50 State Noncompete Chart has been substantially updated to reflect numerous developments in statutory or case law since the last draft, as well as clarifications of existing laws. Click h...

BRR’s 50 State Noncompete Chart UPDATED

Aug 29, 2013Apr 3, 2020

The BRR 50 State Noncompete Chart has been updated to reflect various changes in statutory or case law, as well as clarifications of existing laws. Click here to get the latest version. ...

Fairly Competing – A New Podcast

Feb 19, 2013Jan 27, 2020

I am thrilled to announce that I have been given the opportunity to work with two of my favorite (though far more prolific) bloggers, Ken Vanko and John Marsh, to create a brand new podcast: Fairly Co...

Unfair Competition Basics… Boundless Noncompete Restrictions

Sep 16, 2012Oct 28, 2020

With some exceptions (most notably California, Oklahoma, and North Dakota) properly-drafted, properly-executed employee noncompete agreements are generally enforceable around the country, as long as,...

IP Law in 60 Seconds

Sep 11, 2011May 31, 2017

There are basically four types of intellectual property: patents, copyrights, trademarks, and trade secrets. Here is a very brief summary of each: A patent is the right “to exclude others fro...

Unfair Competition Basics: Forfeiture-for-Competition

Jan 14, 2011May 31, 2017

While most people think of noncompete agreements as the traditional, “you can’t work there” type, there is another type of agreement that can create financial incentives so great that, as a prac...

Unfair Competition Basics: Who Wants to Live Forever? Patents vs. Trade Secrets

Dec 6, 2010Apr 2, 2020

Pfizer reportedly sold $11.4 billion – yes, billion with a “b” – of cholesterol-lowing drug, Lipitor, last year and is reportedly on track to sell another $13 billion this year. See here....

Unfair Competition Basics: Terms of Art … What is a Trade Secret?

Sep 7, 2010Jun 4, 2017

There is an endless variety of types of trade secrets and confidential information. (On the question of the significance of the distinction, see Trade Secret or Confidential Information?, posted on J...

Unfair Competition Basics: Mark My Words… Trademark Basics

Jul 30, 2010Feb 27, 2020

Trademark law is designed primarily to prevent consumer confusion with respect to the identification of the source of goods products. As a general rule, any word, symbol, or combination of words and...