confidential information Archives - Page 2 of 6

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...

Supreme Court to Resolve CFAA Circuit Split

Apr 28, 2020Oct 22, 2020

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...

Attorneys’ Fees, Costs, Statutory Interest, and Remittitur in Trade Secrets Cases: Covidien LP v Esch

Apr 21, 2020Apr 21, 2020

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...

Recent Articles on Noncompetes

Apr 4, 2020Apr 5, 2020

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...

Next up at the feds: The FTC holds its next hearing on noncompetes

Jan 1, 2020Jan 3, 2020

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...

Federal Noncompete Initiatives: When you can’t convince the states, ask the feds.

Dec 24, 2019Jan 5, 2020

*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? 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...

Trade Secrets Law for the Massachusetts Practitioner (my new book)

Aug 27, 2019Aug 26, 2019

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...

Trade Secrets and Noncompetes – Music to My Ears: The Cease and Desist Letter

Jul 25, 2019Jul 25, 2019

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...

Correlation Does Not Imply Causation: The False Comparison of Silicon Valley and Boston’s Route 128

Jul 9, 2019Oct 31, 2021

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...

New SCOTUS Decision on the Intersection of FOIA and Trade Secrets

Jun 24, 2019Jun 24, 2019

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...

Inevitable Disclosure Doctrine – A Brief History and Summary

Jun 5, 2019Jun 5, 2019

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...

50 State Noncompete Chart Updated

Apr 27, 2019Apr 3, 2020

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 ...

New trade secret and noncompete legislation: What’s already happened and what you can expect for the rest of the year in every state

Apr 22, 2019Apr 3, 2020

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...

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