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.
Episode 21 of Fairly Competing is out! Join us in a discussion with Professor Evan Start about the research behind the FTC’s proposed noncompete ban.
Episode 20 of Fairly Competing is out! Join us to hear about the FTC’s recent proposed noncompete ban and enforcement actions and what to do about them.
Episode 19 of Fairly Competing is out! Join us for the key developments in trade secret and restrictive covenant law from the past year.
Episode 18 of Fairly Competing is out! In this episode, we talk with AIPLA President, Brian Batzili, immediate past-President, Patrick Coyne, and Executive Director, Vince Garlock, about their experience with the AIPLA, the Trade Secret Law Committee, and trade secret law more generally.
Episode 17 of Fairly Competing is out! In this episode, we discuss what employers can and cannot do when they suspect trade secret misappropriation by a departing employee.
The Key to Seeking and Defending Against Temporary Restraining Orders (Fairly Competing, Episode 16)
Episode 16 of Fairly Competing is out! In this episode, we discuss what you need to know when you are either seeking or defending against a temporary restraining order in a trade secret or noncompete case.
Episode 15 of Fairly Competing is out! In this episode, John, Ben, and Russell discuss what to do when you receive a cease and desist letter, including how to prepare for it and how to respond to i...
Episode 14 of Fairly Competing is out! Join John, Ben, and Russell for a discussion with special guest Vicki Cundiff about irreparable harm in trade secret disputes.
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.
Episode 11 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I explore the ins and outs of mediating trade secret disputes through a discussion with special guest James Pooley, one of the true deans of the trade secret bar.
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.
Episode 9 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss litigating trade secret cases generally and post-COVID, this time with a focus on the reasons for the lack of civility in trade secret and restrictive covenant cases — and what to do about it.
Episode 8 of Fairly Competing is out!
In this episode, Ben Fink, John Marsh, and I discuss litigating trade secret cases — including expedited discovery, depositions, protective orders, and hearings on motions for temporary restraining orders and preliminary injunctions — generally and post-COVID.
In this episode, Ben Fink, John Marsh, and I discuss litigating trade secret cases — including expedited discovery, depositions, protective orders, and hearings on motions for temporary restraining orders and preliminary injunctions — generally and post-COVID.
Episode 7 of Fairly Competing is out, and it’s a departure from our usual. We are making available (through this episode and the last) Trade Secret Roundtable on Developments and Emerging Issu...
This episode is a departure from our usual. The program is part one of the Trade Secret Roundtable on Developments and Emerging Issues, a program presented by NERA Economic Consulting at which John Marsh, Ben Fink, and I were panelists along with Dr. Stephanie Demperio and Vicki Cundiff.
Episode 5 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss the standards that apply and issues that arise when seeking or defending against an injunction in a trade secret or restrictive covenant case, and how they’ve been impacted by COVID. We also discuss the “Unicorn Case” and whether geographic restrictions make sense anymore.
Episode 4 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss two additional hot topics in trade secret and noncompete law, particularly during COVID-19: protecting trade secrets through technologies like Zoom and the importance of exit interviews and how to manage the departure of remote workers.
Episode 3 of Fairly Competing is out! In this episode, Ben Fink, John Marsh, and I discuss employee surveillance and protecting legitimate business interests when an employee’s employment is terminated without cause.
Ben Fink, John Marsh, and I are pleased to announce the launch of Fairly Competing — a podcast providing in-depth analysis of trade secret law and the law of noncompetes and other restrictive covenants for a broad audience.
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...