The NLRB is testing its theory that noncompetes and other covenants constitute unfair labor practices under the NLRB. Employers take note.
FTC Chair testified at an oversight hearing before the House Judiciary Committee. She didn’t say much of substance on noncompetes, but so-called “enforcement actions” will continue. The time to take action is now - but don’t throw the baby out with the bathwater.
The U.S. House Committee on Oversight and Accountability is investigating FTC Chair Lina Khan. Next up, an investigation into NLRB GC Jennifer A. Abruzzo?
U.S. Chamber of Commerce calls the NLRB’s finding that most noncompetes are illegal a “blatantly unlawful overreach” and will challenge it.
The NLRB General Counsel leapfrogged the FTC to ban noncompetes. Here’s what you need to know and do now for your non-supervisor employees.
As predicted, the FTC is continuing to bring enforcement actions against companies using noncompetes. Are you ready?
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.
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.
Once again, we have resounding unanimity on the issues and recommendations to the FTC, as they consider whether to move forward with their plan to ban noncompetes, as well as some nondisclosure agreements and other restrictive covenants. Over 100 lawyers who practice extensively in the area of trade secret and restrictive covenant law agree: federal regulation is likely inappropriate, definitely premature, and, in any event, should be limited.
If you want to see how ChatGPT can affect the practice of law, we have an example of a cease and desist letter inspired by the style of the beloved Dr. Seuss.
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.
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.
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.
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.
Episode 19 of Fairly Competing is out! Join us for the key developments in trade secret and restrictive covenant law from the past year.
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.
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.
Keeping track of the flood of noncompete and trade secret law changes across the country is no easy task. Here are some resources to make it easier.
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.
Whether something is a trade secret, confidential information, or general skill and knowledge may dictate whether and how it can be protected. There is significant disagreement about where the lines are drawn and the consequences of the categorization. Yet these issues can have serious implications for companies and employees alike.
While most people reading this blog will know that California has a statute that bans noncompetes, it may come as a surprise that employers have dealt with that prohibition by turning to trade secret law for protection as far back as 1913 — even for low-level employees.
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.
In 2015, Hawai‘i passed legislation that banned the use of noncompetes and no-recruit agreements for employees of technology businesses. Seven years later, the Hawai‘i Supreme Court decided more changes were appropriate. See what it did.
Our legal system is far from perfect. And, unfortunately, it frequently permits abuses. In the context of restrictive covenants and trade secret claims, oftentimes it’s an overly-aggressive forme...