Trade Secrets | Noncompetes
As we are just starting our Memorial Day Weekend, below are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” The purpose of the original post and these updates is to provide ideas for maintaining some quality of life while on lock down. Note that the original post is updated … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Weekly Update (May 23)
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 by the current coronavirus pandemic: Loss of Control. So much of the workforce is now working from home; consequently, it can be … Continue reading A primer and checklist for protecting trade secrets and other legitimate business interests before, during, and after lockdown and stay-at-home orders
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 conflicting approaches taken in different states and by different courts and judges. The Sedona Conference’s working group on trade secrets has created a draft Commentary on the Proper … Continue reading The Sedona Conference Seeks Public Comment on the Identification of Asserted Trade Secrets in Misappropriation Cases
As we head into the weekend, below are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” The purpose of the original post and these updates is to provide ideas for maintaining some quality of life while on lock down. Note that the original post is updated regularly to contain all … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Weekly Update (May 15)
As we head into the weekend, below are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” But first, Happy Mother’s Day to all the moms celebrating Mother’s Day in quarantine! (See below for some ideas.) The purpose of the original post and these updates is to provide ideas for maintaining some … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Weekly Update (May 8)
As we start to think about the weekend, I discovered a time-sensitive addition to “Stuck at Home Doesn’t Have to Mean Bored at Home.” Accordingly to Rolling Stone, “Over 200 celebrities, entertainers, artists and leaders will appear on The Call to Unite,” which will stream live on unite.us, Facebook, YouTube, Twitter, and elsewhere for 24 hours starting today, Friday, May … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Supplement (May 1)
As we start to think about the weekend, below are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” The purpose of the original post and these updates is to provide ideas for maintaining some quality of life while on lock down. Note that the original post is updated regularly … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Weekly Update (April 30)
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 significant confusion is the prohibition on accessing a computer “without authorization or exceeding authorized access.” The 9th circuit summarized the problem … Continue reading Supreme Court to Resolve CFAA Circuit Split
As we head into the weekend, below are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” The purpose of the original post and these updates is to provide ideas for maintaining some quality of life while on lock down. Note that the original post is updated regularly to contain all … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Weekly Update (April 24)
As quiet as Virginia was in passing its noncompete for low wage (read “average wage”) employees, Indiana was even more quiet in passing legislation to restrict physician noncompetes. What it says… Buried in a 32-page public law entitled “AN ACT to amend the Indiana Code concerning health” is the following: SECTION 8. IC 25-22.5-5.5 Chapter … Continue reading Indiana Quietly Passes New Physician Noncompete Legislation
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 into its approach to the enforceability of forum selection clauses in restrictive covenants. And now we’ve been given rare insight into … Continue reading Attorneys’ Fees, Costs, Statutory Interest, and Remittitur in Trade Secrets Cases: Covidien LP v Esch
The Massachusetts Noncompetition Agreement Act (the “NAA”) does not impose on a “garden leave clause” the same requirements it imposes on a noncompetition agreement. The NAA states that, “[t]o be valid and enforceable, a noncompetition agreement must meet the minimum requirements of paragraphs (i) through (viii).” G.L. c. 149 § 24L(b) (emphasis added). The last … Continue reading Garden Leave Is Not a Nonconcompete under Massachusetts Law
Below are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” The purpose of the original post and these updates is to provide ideas for maintaining some quality of life while on lock down. Note that the original post is updated regularly to contain all of the suggestions, including the updates; these … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – “Daily” Update (April 17)
Virginia is the latest state to follow the trend of imposing a ban on the use of noncompetes for low-wage workers (however defined) and rejecting a California/Oklahoma/North Dakota-style wholesale ban on all employee noncompetes. (For a summary of recent changes and legislative and regulatory efforts, see “Federal Noncompete Initiatives: When you can’t convince the states, ask … Continue reading Virginia Quietly Passes New Noncompete Legislation
Below are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” The purpose of the original post and these updates is to provide ideas for maintaining some quality of life while on lock down. Note that the original post is updated regularly to contain all of the suggestions, including the updates; these … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Daily Update (April 13)
Below are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” The purpose of the original post and these updates is to provide ideas for maintaining some quality of life while on lock down. Note that the original post is updated regularly to contain all updates; these separate update posts are … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Daily Update (April 10)