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.
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...
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...
Our updated graph of noncompete and trade secrets decisions is now available. Noncompete decisions remain level, while trade secret decisions continue to trend up.
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.
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.
The thought of trade secrets tends to conjure up images of cloak and dagger operations, secret laboratories, the secret formula to Coca-Cola, Google’s search algorithm, and the like. But trade secre...
Legislative activity is picking up again, and therefore so are we. This year, there have been a total of 67 noncompete bills in 22 states,1 plus four pending federal noncompete bills and a bill t...
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.
Once again, we have resounding unanimity on the issues and recommendations to the FTC and DOJ, as they consider whether to regulate (and if so, how) noncompetes, nondisclosure agreements, and other restrictive covenants. 70 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.
The Federal Trade Commission (FTC) and Department of Justice (DOJ) just completed their second workshop on competition. Noncompetes are again squarely in the crosshairs. Here is what you need to know and what you need to do.
No one ever points to North Dakota’s or Oklahoma’s ban on noncompete as producing a thriving tech sector, because they haven’t. Yet, somehow think that the same ban in California is why we have Silicon Valley. This assumption is wrong for multiple reasons. Worse, it leads to poor policy.
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.
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.
If you’ve been following along with this series of posts, you know that there have been 66 noncompete bills pending in 25 states this year — plus three pending federal noncompete bills, D.C.’s new law to ban most noncompetes, and a bill to rein in D.C’s new law before it becomes effective (which is anticipated to be in April 2022). Today’s post discusses New Jersey’s proposed noncompete legislation.
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.
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...
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.