trade secrets litigation Archives - Page 2 of 3

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.

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...

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...

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...

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...

Trade Secrets Law for the Massachusetts Practitioner (my new book)

Aug 27, 2019Aug 26, 2019

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...

Trade Secrets and Noncompetes – Music to My Ears: The Cease and Desist Letter

Jul 25, 2019Jul 25, 2019

The other day, I was listening to 1970’s and 80’s music (which I am wont to do, much to my wife’s chagrin). The music, as music often does, evoked memories of the past. Think what you...

Inevitable Disclosure Doctrine – A Brief History and Summary

Jun 5, 2019Jun 5, 2019

Who controls what's in your brain? When a former employee knows his or her former employer’s trade secrets, the former employer may be able to obtain injunctive relief preventing the employee, not...

New Trade Secret and Noncompete Survey – National Case Graph (Updated January 13, 2019)

Jan 14, 2019Jan 14, 2019

In preparation for the start of my class (I teach Trade Secrets and Restrictive Covenants at my old law school, Boston University School of Law), I re-ran my chart of reported noncomepte and trade sec...

Do we need a replacement for the janitor rule?

Oct 21, 2018Jan 2, 2019

Back in July, I posted a story about how courts and lawyers frequently assess whether a noncompete is overly broad by asking whether the restriction would prevent the employee from working as a janit...

Massachusetts Noncompete Law and Trade Secrets Law Signed Into Law!

Aug 10, 2018Jun 13, 2019

Governor Baker just signed the noncompete and trade secrets bills. They are now law. Here is what you need to know: Massachusetts noncompete and trade secret reform has arrived: What you need to k...

Massachusetts’ New Trade Secrets Law (MUTSA): the Text

Aug 6, 2018Apr 6, 2020

Last week, I posted an article explaining the new noncompete and trade secrets law reform legislation passed by the Massachusetts Legislature. See Massachusetts noncompete and trade secret reform ha...

Taking AIM at the Hearing on Massachusetts Trade Secrets and Noncompete Bills

Oct 31, 2017Nov 2, 2017

Today, the Massachusetts Joint Committee on Labor and Workforce Development held a hearing on the 8 bills involving noncompetes or trade secrets currently pending at the State House. As many of you w...

Trade Secret and Noncompete Survey – National Case Graph (Updated 10-29-2017)

Oct 29, 2017

In preparation for an upcoming discussion of trade secrets law for PLI in San Francisco (Trade Secrets 2017: What Every Lawyer Should Know), I reran my chart of noncomepte and trade secrets decisions....

More updates to the Changing Noncompete | Trade Secrets Laws Page

Oct 21, 2017Oct 21, 2017

It turns out that I missed a few bills! New York: Two identical bills (one in the Assembly (A 6419) and one in the Senate (S 4688)) to adopt the Uniform Trade Secrets Act; and one (S 1204) that...

Massachusetts Noncompete Reform: What you need to know – by October 31

Oct 10, 2017Oct 11, 2017

Almost nine years in the making, Massachusetts is on the cusp of noncompete reform. And, decades in the making (yes, decades, thanks to Steve Chow's extraordinary efforts), Massachusetts is also...

California Trade Secrets Litigation Supplants Noncompete Litigation

Jun 25, 2017Apr 6, 2020

Noncompete agreements have for about a decade been the focus of legislative efforts around the country. Some states seek to strengthen enforcement of them, while others seek to scale them back or elim...

Texas Updates Its Uniform Trade Secrets Act

May 22, 2017Jun 4, 2017

On May 19, 2017, Texas passed An Act Relating to the Texas Uniform Trade Secrets Act. The Act defines "clear and convincing" (which is the standard for showing willfulness under the Texas Uni...

Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey Chart (revised)

Feb 4, 2017Apr 3, 2020

Every state but Massachusetts and New York has adopted the Uniform Trade Secrets Act (the UTSA) in one form or another – though some may quibble with whether Alabama or North Carolina actually ad...

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