trade secret Archives - Page 2 of 10

What is the difference between trade secrets, other confidential information, and general skill and knowledge?

Sep 5, 2022Sep 27, 2022

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.

California was an early adopter of employee restrictions — just not noncompetes

Aug 17, 2022Mar 9, 2023

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)

Jul 28, 2022Sep 27, 2022

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.

It’s not just the legislatures that are changing noncompete laws, right Supreme Court of Hawai’i?

Jul 21, 2022Sep 27, 2022

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.

New Massachusetts noncompete decision offers hope to employees subject to overreaching claims

Jun 30, 2022Sep 27, 2022

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...

Fairly Competing, Episode 15: Cease and Desist Letters

May 1, 2022May 7, 2022

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...

New Trade Secret and Noncompete Case Growth Graph (Updated April 1, 2022 – No, not a joke!)

Apr 1, 2022Sep 27, 2022

Our updated graph of noncompete and trade secrets decisions is now available. Noncompete decisions remain level, while trade secret decisions continue to trend up.

Fairly Competing, Episode 14: Irreparable Harm in Trade Secret Cases

Mar 17, 2022Mar 17, 2022

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.

Protecting Trade Secrets While Working From Home (Reboot)

Feb 21, 2022Sep 27, 2022

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.

Fair Competition Law Basics: What is a trade secret?

Feb 10, 2022Jul 10, 2022

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...

21 States with 66 Pending Noncompete Bills: Florida

Feb 7, 2022Jul 10, 2022

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...

Avoiding Mistakes When Starting A New Job – A New Ten Minute Trade Secret Training Video

Feb 3, 2022Sep 27, 2022

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.

Ask 70 Trade Secret Lawyers and Paralegals about Noncompetes and Get One Opinion

Dec 22, 2021Jul 10, 2022

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.

New Vigor at the FTC and DOJ to Ban Noncompetes

Dec 13, 2021Jul 10, 2022

The Federal Trade Commission (FTC) and Department of Justice (DOJ) just completed their second workshop on competition.[1] Noncompetes are again squarely in the crosshairs. Here is what you need to know and what you need to do.

Please Stop Using California as the Poster Child to Ban Noncompetes – Time for an Honest Policy Discussion

Nov 2, 2021Jul 10, 2022

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.

Fairly Competing, Episode 12: Wisk Aero LLC v. Archer Aviation Inc. (How to Avoid Dismissal and Get an Injunction in Trade Secret Cases)

Oct 17, 2021Jul 10, 2022

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.

New Trade Secret and Noncompete Case Growth Graph (Updated September 12, 2021)

Sep 12, 2021Jul 10, 2022

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.

Eight States with 24 Noncompete Bills: New Jersey

Aug 29, 2021Sep 7, 2021

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.

Fairly Competing, Episode 11: Mediating Trade Secret Disputes

Aug 6, 2021

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.

15 Common Myths About Noncompetes Debunked

Aug 2, 2021Aug 2, 2021

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...

Fairly Competing, Episode 10: The Supreme Court’s Decision in Van Buren v. U.S. (Computer Fraud and Abuse Act)

Jul 24, 2021

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.

Fairly Competing, Episode 9: Litigating Trade Secret Cases Generally and Post-COVID (Part 2 – Civility)

Jun 27, 2021

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.

Fairly Competing, Episode 8: Litigating Trade Secret Cases Generally and Post-COVID

Jun 13, 2021Jun 13, 2021

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.

Supreme Court Resolved CFAA Circuit Split!

Jun 3, 2021Jun 4, 2021

The Supreme Court’s decision in Van Buren is out. The Court took a narrow view on the scope of the CFAA, resolving key aspects of the circuit split, and eliminating the concern that every breach of fiduciary duties by an employee or violation by an employee of the terms of their employer’s computer use policy can be a criminal act.

Previous page 1 2 3 4 … 10 Next page

trade secrets | noncompetes | privacy and security | CFAA | trademarks | copyrights | business torts | unfair competition

Tag Archives: trade secret