The Computer Fraud and Abuse Act deems certain uses of a computer to be unlawful (civilly and criminally). But, the Act is not the picture of clarity. The language that has created the most...
This seems to be the month for unicorns. In the past 30 days, we have had three. First, there was the trademark case – literally about unicorns. Then, the First Circuit gave us rare insight i...
With the continuing unfolding of the COVID19 pandemic, I remain particularly focused on identifying resources that I hope will be helpful to people while they try to cope with the new reality (hence t...
Happy New Year! On January 9, 2020, the FTC will be holding a hearing (at 8:30 a.m. at the FTC’s Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, DC) “to examine whether there is...
*This post was originally published by Erika Hahn and me on Law360 under the title, “Noncompete Misconceptions May Be Inhibiting Reform.” Federalism is alive and well. For about 200 ye...
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...
With three-plus years of Defend Trade Secrets Act (the "DTSA") law under our belts and almost a year of the "new" Massachusetts new trade secrets law, my new book, Trade Secrets Law for the Massachus...
The other day, I was listening to 1970’s and 80’s music (which I am wont to do, much to my wife’s chagrin). The music, as music often does, evoked memories of the past. Think what you...
It turns out that global climate change is caused by a decrease in the number of pirates. Don’t believe it? See the chart to the right. This is an example of mistaking correlation for causati...
On June 24, 2019, the United States Supreme Court issued its much-awaited decision in Food Marketing Institute v. Argus Leader Media, addressing the intersection of trade secrets law and the Freedom...
Who controls what's in your brain? When a former employee knows his or her former employer’s trade secrets, the former employer may be able to obtain injunctive relief preventing the employee, not...
Having just completed my most-recent review of every state's pending and recently enacted noncompete legislation, I have updated the BRR 50 State Noncompete Chart today (April 27, 2019) to reflect ...
It's been a while since I've had the time to update the Changing Trade Secrets | Noncompete Laws page. Lots has happened in the interim - see below for all of the updates so far this year. I will...
Back in July, I posted a story about how courts and lawyers frequently assess whether a noncompete is overly broad by asking whether the restriction would prevent the employee from working as a janit...
This is an update to reflect the adoption by Massachusetts of its own version of the Uniform Trade Secrets Act. The background: Until now, every state but Massachusetts and New York had ado...
Governor Baker just signed the noncompete and trade secrets bills. They are now law. Here is what you need to know: Massachusetts noncompete and trade secret reform has arrived: What you need to k...
Last week, I posted an article explaining the new noncompete and trade secrets law reform legislation passed by the Massachusetts Legislature. See Massachusetts noncompete and trade secret reform ha...
Last week, I posted an article explaining the new noncompete and trade secrets law reform legislation passed by the Massachusetts Legislature. See Massachusetts noncompete and trade secret reform ha...
Almost a decade in the making, the Massachusetts legislature has today (July 31 - at 11:57 PM) finally passed noncompete reform. Unheralded, however, is the companion updating of Massachusetts trade s...
Despite the lack of headlines, the Massachusetts Legislature has continued to move closer and closer toward noncompete and trade secret reform. It now looks potentially imminent. On January 23, 201...
On Tuesday, April 17, the Massachusetts legislature's Joint Committee on Labor and Workforce Development favorably reported H.4419 to the House Steering, Policy and Scheduling. The new bill - w...
Today, the Massachusetts Joint Committee on Labor and Workforce Development held a hearing on the 8 bills involving noncompetes or trade secrets currently pending at the State House. As many of you w...
It turns out that I missed a few bills! New York: Two identical bills (one in the Assembly (A 6419) and one in the Senate (S 4688)) to adopt the Uniform Trade Secrets Act; and one (S 1204) that...
For those following noncompete and trade secrets legislative activity around the country, I just updated our Changing Trade Secrets | Noncompete Laws page. (This is a never-ending task with so many s...