Tag Archives: Fairly Competing

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 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.
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.