Defend Trade Secrets Act Archives - Fair Competition Law

Official Launch of the Trade Secret Training Series (Videos)

May 2, 2023May 24, 2023

Education comes at a price. But not this time. Beck Reed Riden is making available its Ten Minute Trade Secret Training Series videos freely available - and available for free. With the FTC rule banning noncompetes on the horizon and more states limiting the use of noncompetes, it is now more imperative than ever before that companies and employees take steps to protect their trade secrets, other confidential information, and customer relationships.

Time to Amend the Defend Trade Secrets Act

May 1, 2023May 1, 2023

Episode 22 of Fairly Competing is out! Join us for a discussion of some practical problems with the Defend Trade Secrets Act, John Marsh’s ideas for amendments to fix them, and our plan to try to make the fixes happen.

New Trade Secret and Noncompete Case Growth Graph (Updated January 18, 2023)

Jan 18, 2023Jan 18, 2023

Our updated graph of noncompete, trade secret, and DTSA decisions is now available. Noncompete decisions remain level, while trade secret decisions continue to trend up.

Where have all the secrets gone? Longer time passing. (Part 2)

Jan 3, 2023Feb 5, 2023

In Part 2 of our tour of the history of trade secret law and developments since before Roman times, we pick up while Newton is inventing calculus.

Where have all the secrets gone? Long time passing.

Dec 27, 2022Feb 5, 2023

As we ponder the best ways to protect trade secrets today, it’s good to have a quick reminder that this has been a long-term issue. So, we’ll take a two-part tour of trade secret law and developments from before Roman times to now.

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.

New Trade Secret and Noncompete Case Growth Graph (Updated April 1, 2022 – No, not a joke!)

Apr 1, 2022Sep 27, 2022

Our updated graph of noncompete and trade secrets decisions is now available. Noncompete decisions remain level, while trade secret decisions continue to trend up.

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.

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.

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...

New Trade Secret and Noncompete Case Growth Graph (Updated September 12, 2021)

Sep 12, 2021Jul 10, 2022

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.

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.

New Trade Secret and Noncompete Case Growth Graph (Updated January 2, 2021)

Jan 2, 2021Jan 3, 2021

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.

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.

47 states can’t be wrong: D.C. to ban noncompetes (maybe)

Dec 7, 2020Jan 30, 2021

What concept did President Obama, President-elect Biden, and 47 states – including every single state to consider the issue in the past decade – reject? A ban on noncompetes.

What bill did the Council of the District of Columbia Committee on Labor & Workforce Development just vote to approve? Yep: a ban on noncompetes.

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.