confidential information Archives - Fair Competition Law

No-recruit agreements: not just about trade secrets, confidential information, and goodwill… maybe

Dec 12, 2022Dec 11, 2022

A decision from last week, juxtaposed against two other recent decisions, highlights that the law of no-recruit agreements is, like the law of noncompetes, “a sea — vast and vacillating, overlapping and bewildering. One can fish out of it any kind of strange support for anything, if he lives so long.”

What is the difference between trade secrets, other confidential information, and general skill and knowledge?

Sep 5, 2022Sep 27, 2022

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.

Upcoming Trade Secret and Restrictive Covenant Law Learning (Fall 2022)

Aug 22, 2022Sep 27, 2022

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.

It’s not just the legislatures that are changing noncompete laws, right Supreme Court of Hawai’i?

Jul 21, 2022Sep 27, 2022

In 2015, Hawai‘i passed legislation that banned the use of noncompetes and no-recruit agreements for employees of technology businesses. Seven years later, the Hawai‘i Supreme Court decided more changes were appropriate. See what it did.

Eight States with 39 Pending Noncompete Bills: Colorado is changing its noncompete law — again

Jul 6, 2022Oct 23, 2022

Newly updated criminal penalties for a violation of noncompete law are not enough for Colorado — or maybe they’re too much. Colorado has made sweeping changes to its noncompete law, while scaling back (or at least cleared up ambiguity around) potential criminal liability for using unenforceable noncompetes.

Massachusetts Noncompetition Agreement Act: Cases are starting to come in – and there are several important takeaways

Jul 4, 2022Nov 5, 2022

Happy 4th! After three and a half years, we are finally seeing more cases — and more judicial decisions — involving noncompetes subject to the Massachusetts Noncompetition Agreement Act (the “MNAA”), G. L. c.149 § 24L. And, we now have a third and fourth decision.

Protecting Trade Secrets While Working From Home (Reboot)

Feb 21, 2022Sep 27, 2022

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.

21 States with 66 Pending Noncompete Bills: Florida

Feb 7, 2022Jul 10, 2022

Legislative activity is picking up again, and therefore so are we. This year, there have been a total of 67 noncompete bills in 22 states,1 plus four pending federal noncompete bills and a bill t...

Avoiding Mistakes When Starting A New Job – A New Ten Minute Trade Secret Training Video

Feb 3, 2022Sep 27, 2022

You hired someone from a competitor. You’re excited. They’re excited. But you may have bought yourself a lawsuit. Can you avoid it? Maybe.

We’re not the only ones: 26 other submissions to the FTC/DOJ about noncompetes and other agreements

Dec 27, 2021Jul 10, 2022

As noted in our post, Ask 70 Trade Secret Lawyers and Paralegals about Noncompetes and Get One Opinion, the FTC and DOJ encouraged the submission of public comments following the “Making Competiti...

Please Stop Using California as the Poster Child to Ban Noncompetes – Time for an Honest Policy Discussion

Nov 2, 2021Jul 10, 2022

No one ever points to North Dakota’s or Oklahoma’s ban on noncompete as producing a thriving tech sector, because they haven’t. Yet, somehow think that the same ban in California is why we have Silicon Valley. This assumption is wrong for multiple reasons. Worse, it leads to poor policy.

Upcoming Trade Secret and Restrictive Covenant Law Learning (Fall 2021)

Sep 13, 2021Jul 10, 2022

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...

Eight States with 24 Noncompete Bills: New Jersey

Aug 29, 2021Sep 7, 2021

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.

15 Common Myths About Noncompetes Debunked

Aug 2, 2021Aug 2, 2021

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...

Upcoming Trade Secret and Restrictive Covenant Law Learning

May 30, 2021May 29, 2021

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.

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.

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.

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.

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

Aug 6, 2020Aug 6, 2020

As many of you know, I am very involved with the American Intellectual Property Law Association’s Trade Secret Law Committee. And, as you may also know, each year, we hold a multi-day, in-depth pro...

PSA: Employee Trade Secret Training Video Now Available

Jun 14, 2020Jun 14, 2020

We recently prepared a “Ten Minute Training” video for companies to distribute to their employees to help minimize the risks posed to trade secrets as a result of so much of the workforce working...

A primer and checklist for protecting trade secrets and other legitimate business interests before, during, and after lockdown and stay-at-home orders

May 17, 2020Oct 19, 2020

Hope for the best, plan for the worst. - John Jay The ability to protect trade secrets (and other legitimate business interests, including customer goodwill) has been hit by a perfect storm caused b...

The Sedona Conference Seeks Public Comment on the Identification of Asserted Trade Secrets in Misappropriation Cases

May 16, 2020May 17, 2020

The identification of trade secrets in misappropriation litigation is a critically important and evolving area of trade secret law. Not surprisingly, it is the subject of widely divergent and conflict...

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