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.
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.
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.
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.
Happy holidays! Episode 13 of Fairly Competing is out! In this episode, John, Ben, and Russell take a look back on some of the more significant developments in trade secret and restrictive coven...
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.
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.
As regular readers of this blog know, I focus on providing content and rarely suggest educational programs to attend. However, given that CLE programs are still remote and can be hard to identify, I t...
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...
As regular readers of this blog know, I focus on providing content and rarely suggest programs to attend. However, given that CLE programs are still remote and can be hard to identify, I thought I’d take a moment to call out a few upcoming, content-rich programs. Take a look.
The Business Litigation Session (the “BLS”) of the Massachusetts Superior Court just issued a decision on the scope of preemption under Massachusetts “new” (effective October 1, 2018) trade secret law, the Massachusetts Uniform Trade Secrets Act (sometimes referred to as “MUTSA,” and other times as “MTSA”). See what it says.
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.
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.
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.
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...
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...
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...
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...
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...
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...
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...
It turns out that global climate change is caused by a decrease in the number of pirates. Don’t believe it? See the chart to the right. This is an example of mistaking correlation for causati...
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...