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.
Newly updated criminal penalties for a violation of noncompete law are not enough for Colorado — or maybe they’re too much. Colorado has made sweeping changes to its noncompete law, while scaling back (or at least cleared up ambiguity around) potential criminal liability for using unenforceable noncompetes.
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.
We recently updated our “Ten Minute Training” series video, Protecting Trade Secrets - Working at Home. The need for this type of training has never been so compelling. Just look at Smash My Trash, LLC.
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...
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...
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...
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...
There have been a few issues and cases making trade secrets | noncompete news recently that are worth taking note of if you missed them. They are as follows… Michigan: Republican (yes, Republ...
As you likely have seen (here for example), the Patrick Administration has spent a great deal of time putting together comprehensive proposed legislation designed to promote growth and opportunity in...
For those interested in the economics and policies behind trade secrets, PricewaterhouseCoopers and The Center for Responsible Enterprise & Trade (CREATe.org) have issued a detailed report on th...
Once again, I am a bit behind on the next installment of Trade Secret | Noncompete Issues and Cases in the News. As a result, there is a lot here! Enjoy... 7th Circuit: The 7th Circuit Court of Ap...
As we all know, trade secret litigation has been steadily on the rise for the past decade. (See The Who, What, Where, When, How, and Why of Trade Secret Audits and, in the related area of noncompete...
We spend lots of time on this blog discussing trade secret protection. To give some context, I thought it might be helpful to have a few statistics: Trade secret and related noncompete cases have m...
This week’s disclosures by Wikileaks of hundreds of thousands of classified, secret documents is a stark reminder of the admonitions that we trade secrets lawyers have been saying for years: It is...
A lot has been written on how insecure social media can be and the need to assess the risks. I won't bother to add more. I am, however, passing along a very-well written (and lengthy) discussion of...
There is a latin maxim, "Gladiator in arena consilium capit." Translation: “The gladiator is formulating his plan in the arena." (I thank my boys, the latin scholars, for introducing me to the maxim...
Exactly one year ago, I wrote a post entitled "An Ounce of Prevention... " for my prior law firm's Trade Secret / Noncompete Blog (which I had created only days earlier). In the post, I recommended...