trade secret Archives - Page 3 of 9

47 states can’t be wrong: D.C. to ban noncompetes (maybe)

Dec 7, 2020Jan 30, 2021

What concept did President Obama, President-elect Biden, and 47 states – including every single state to consider the issue in the past decade – reject? A ban on noncompetes.

What bill did the Council of the District of Columbia Committee on Labor & Workforce Development just vote to approve? Yep: a ban on noncompetes.

President Biden’s Proposed Ban of (Most) Noncompetes: Protection Strategies and Steps to Take Now

Dec 2, 2020May 14, 2021

Protecting trade secrets, confidential business information, goodwill, and any other recognized legitimate business interests does not happen by accident. Companies need to plan. And, when one of the key tools is taken away (i.e., noncompetes), they need to look more closely at the remaining options to ensure they have the protections they need and that fit their circumstances. We discuss them in this post.

Computer Fraud and Abuse Act Supreme Court Oral Argument is Today!

Nov 30, 2020Nov 30, 2020

The split in the Circuits over the scope of the Computer Fraud and Abuse Act is up at the U.S. Supreme Court today. The issue: Whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose.

Trade Secret Misappropriation: It doesn’t matter if you’re a bad bank robber – you’re still a bank robber

Nov 8, 2020Nov 8, 2020

Trade secret misappropriation is not a matter of degree. Either the defendant acquired, used, or disclosed information or he did not.

Upcoming Trade Secret Law Learning

Oct 23, 2020Oct 31, 2020

As regular readers of this blog know, I focus on providing content, and don’t often suggest programs to attend. However, it just so happens that over the course of the next week, there are three programs that all provide some helpful insights, each in a different way. Take a look.

PSA: Protecting Trade Secrets – Working at Home – Training Video Is Updated and Available

Oct 18, 2020Oct 21, 2020

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.

Reminder: Zoom Needs to Be Set Appropriately to Protect Your Trade Secrets

Oct 18, 2020Oct 18, 2020

You’ve heard the warnings: Set your Zoom settings to require a new ID for each meeting, require a password for entry, put people in waiting rooms, etc. Well, it actually matters – and not just in theory, but in real life. Let us know if you would like our free training video.

AIPLA Trade Secret Law Summit is Coming Up, and It’s Accessible From Your Couch

Aug 6, 2020Aug 6, 2020

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...

Senators Warren and Murphy Again Push the FTC to Regulate Noncompetes

Aug 2, 2020

Once again, Senators Elizabeth Warren and Chris Murphy are pushing for federal regulation of noncompetes. By way of background, starting in 2015, a few U.S. Senators (Senators Warren and Murphy inc...

PSA: Employee Trade Secret Training Video Now Available

Jun 14, 2020Jun 14, 2020

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...

New Trade Secret and Noncompete Case Growth Graph (Updated June 7, 2020)

Jun 7, 2020Jun 9, 2020

About twice a year, I update my chart of reported noncompete and trade secrets decisions. Here is the latest. As regular readers of this blog know, several years ago, I became curious to see how m...

A primer and checklist for protecting trade secrets and other legitimate business interests before, during, and after lockdown and stay-at-home orders

May 17, 2020Oct 19, 2020

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...

The Sedona Conference Seeks Public Comment on the Identification of Asserted Trade Secrets in Misappropriation Cases

May 16, 2020May 17, 2020

The identification of trade secrets in misappropriation litigation is a critically important and evolving area of trade secret law. Not surprisingly, it is the subject of widely divergent and conflict...

Supreme Court to Resolve CFAA Circuit Split

Apr 28, 2020Oct 22, 2020

The Computer Fraud and Abuse Act deems certain uses of a computer to be unlawful (civilly and criminally). But, the Act is not the picture of clarity. The language that has created the most...

Attorneys’ Fees, Costs, Statutory Interest, and Remittitur in Trade Secrets Cases: Covidien LP v Esch

Apr 21, 2020Apr 21, 2020

This seems to be the month for unicorns. In the past 30 days, we have had three. First, there was the trademark case – literally about unicorns. Then, the First Circuit gave us rare insight i...

Recent Articles on Noncompetes

Apr 4, 2020Apr 5, 2020

With the continuing unfolding of the COVID19 pandemic, I remain particularly focused on identifying resources that I hope will be helpful to people while they try to cope with the new reality (hence t...

What you need to know about the FTC Workshop on Noncompetes

Feb 24, 2020Sep 16, 2020

The FTC conducted its first workshop on noncompetes on January 9, 2020. An opportunity for the public to submit comments remains open until March 11, which is only two weeks away. I attended the wo...

Upcoming Trade Secrets Program: AIPLA Trade Secret Law Summit

Feb 18, 2020

Hello all, just a quick note, we are just under a month away from the AIPLA's 2020 Trade Secret Law Summit, truly one of the premier trade secrets programs. The Summit is scheduled for Monday, Marc...

Next up at the feds: The FTC holds its next hearing on noncompetes

Jan 1, 2020Jan 3, 2020

Happy New Year! On January 9, 2020, the FTC will be holding a hearing (at 8:30 a.m. at the FTC’s Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, DC) “to examine whether there is...

Leaving your job? Don’t take anything… anything! New employers take note.

Oct 24, 2019Jun 9, 2023

Leaving your job? No problem. Going to a competitor? No problem (maybe). Taking stuff that doesn’t belong to you? Problem - definitely. Companies are particularly sensitive the misappropria...

Legislative Update: Recent Changes to Florida, Maine, New Hampshire, and Rhode Island Noncompete Laws – and D.C.’s New Noncompete Bill

Oct 14, 2019Dec 17, 2020

It’s hard these days to keep up with the the changing noncompete laws around the country. My most recent post covering recent updates, from not even quite six months ago, is already outdated. Jus...

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