A look at the FTC’s noncompete workshop, shrinking Commission, and escalating enforcement against noncompetes and no-hire agreements.
A new episode of Fairly Competing is out. Join us for the key developments in trade secret and restrictive covenant law from 2025 and predictions for 2026.
The FTC’s workshop on noncompetes - “Moving Forward: Protecting Workers from Anticompetitive Noncompete Agreements” - has been rescheduled for January 27, 2026.
The FTC will hold a noncompete workshop on October 8, 2025, featuring panels on worker impact, policy perspectives, and economic costs.
The Supreme Court will decide whether President Trump was able to fire FTC Commissioner Slaughter. The real issue isn’t the impact on the FTC’s policy, but rather, the scope of presidential power.
Upcoming content-rich CLE programs covering the legislative, regulatory, and judicial activity concerning trade secret law, noncompetes, and other restrictive covenants.
Everything you need to know about the new antitrust guidelines pushed out by FTC Chair Lina Khan in her last days as Chair.
A new episode of Fairly Competing is out. Join us for the key developments in trade secret and restrictive covenant law from 2024 and predictions for 2025.
Cease and desist letters are a mainstay of trade secret and noncompete disputes. Learn about them through music, a Dr. Seuss style sample, and an adaptation of ’Twas the Night Before Christmas.
Massachusetts restrictive covenants and trade secret law, recent developments: trade secrets and 93A
New trade secret case in the federal court in Massachusetts holds that DTSA discovery rule is limited and that identification of trade secrets is a “common sense” standard, and provides standards for related claims.
The recording of a roundtable brainstorming session among over 55 restrictive covenant / trade secret / employee mobility lawyers from around the country discussing the nationwide impact of the FTC’s looming noncompete ban is now available.
If you want to see how ChatGPT can affect the practice of law, we have another example. This is a response to a cease and desist letter inspired by the poem, ’Twas the Night Before Christmas.
When employees change jobs, everyone is at risk: the employee; the former employer; and the new employer. On-boarding is last, best opportunity to prevent potential problems before they arise. There are easy steps employees and new employers can take to minimize the impact.
Off-boarding and on-boarding are perhaps the two most critical junctures in the employment lifecycle. When employees change jobs, everyone is at risk: the employee; the former employer; and the new employer. But there are easy steps employees, former employers, and new employers can take to minimize the impact.
The recording of a roundtable brainstorming session among more than 40 restrictive covenant / trade secret / employee mobility lawyers from around the country discussing the nationwide impact of California’s new, expanded anti-restrictive covenant laws is now available. The conclusion? Houston, we have a problem.
Two new California laws will fundamentally alter the national noncompete landscape, effectively voiding other states’ laws and contracts, and adversely impacting companies’ ability to protect their trade secrets, confidential business information, customer goodwill, and other legitimate business interests. Join us and over 40 other lawyers for a roundtable brainstorming session.
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.
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.
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.
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.
We are pleased to announce that we were selected for inclusion in the top 10 trade secret blogs.
Given that good CLE programs can be hard to identify, I put together a list of a few upcoming, content-rich programs that I and leading practitioners, in-house counsel, experts, and others from around the country are participating in.
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...
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.