Trade Secrets | Noncompetes
As we all try to (optimistically) plan for a resumed in-person world, please mark your calendars for the rescheduled AIPLA 2020 Trade Secret Law Summit. It is truly one of the premier trade secrets programs. We have rescheduled it for Monday, August 31, and Tuesday, September 1, in San Francisco. You can register here. There will be … Continue reading RESCHEDULED Trade Secrets Program: AIPLA Trade Secret Law Summit
You can often can tell where a decision is headed just by its opening line. In Peggy Lawton Kitchens, Inc. v. Hogan (a seminal trade secret case in Massachusetts about the theft of a beloved secret chocolate chip cookie recipe), the Court starts its decision stating, “Nothing is sacred.” If you’re the defendant, you know … Continue reading Preliminary Injunctions, Rainbows, and Unicorns During a National Emergency
Apparently Hugo Gernsback knew this day would come. (Well, maybe not this day.) The Isolator aside, these are certainly crazy times. Whether on full lockdown working from home or something short of that (for now), my guess is that soon enough we’ll all acclimate to the “new normal.” That said, it’s hard to believe that … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home
Ask two lawyers for their opinion, and you’ll get three opinions. But I asked 21 lawyers and a paralegal and got only one opinion. That opinion that is set out in a letter we collectively submitted to the FTC in response to questions posed by the FTC in connection with its Workshop, “Non-Compete Clauses in … Continue reading FTC Noncompete Workshop – Update on Our Submission
Before posting anything more, I wanted to take a moment to send my thoughts to all of those affected – directly and indirectly – by COVID-19. COVID-19 has had, and will continue to have, increasingly wide-reaching, sometimes devastating, impacts on individuals, families, communities, businesses, and the global economy. I hope that everyone is taking active … Continue reading COVID-19
I have updated my 50 State Noncompete Chart to add statutory references for the recent developments. Click here to get the latest version of the 50 State Noncompete Chart. (The chart is current through March 12, 2020.) Though a stand-alone resource, the noncompete chart works as a companion to our 50 state and federal survey chart of trade secret laws, … Continue reading 50 State Noncompete Chart Updated (Statutory References Added)
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 workshop and plan to submit written comments. If you’re thinking about making your own submission or just want to know what … Continue reading What you need to know about the FTC Workshop on Noncompetes
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, March 16, and Tuesday, March 17, at in San Francisco. You can register here. There will be a great group of … Continue reading Upcoming Trade Secrets Program: AIPLA Trade Secret Law Summit
*This post was originally published by Erika Hahn and me on Massachusetts Lawyers Weekly under the title, “Consideration happens, but not during garden leave.” The 2018 Massachusetts noncompete law made many significant improvements to preexisting law, but garden leave is not one of them. In October, Erika Hahn and I wrote an article, “The new noncompete … Continue reading Massachusetts Noncompete: Consideration Happens, But Not During Garden Leave
New year, new laws, new issues: First, at the state level… A number of states have modified their noncompete laws last year: Florida: banned noncompetes for specialist physicians in certain underserved communities Maine: banned noncompetes for workers earning less than approximately $50,000, required advance notice that a noncompete will be required and a six-month minimum … Continue reading Quick Tips for the New Year: What to Know About The Recent and Upcoming Changes in Noncompete Laws Around the Country
Thursday is approaching! As mentioned in our last post on the subject, the FTC will be holding a hearing on January 9, 2020 (at 8:30 a.m. at its Headquarters Building, 600 Pennsylvania Avenue, NW, Washington, DC) “to examine whether there is a sufficient legal basis and empirical economic support to promulgate a Commission Rule that would … Continue reading New Details about the FTC Workshop on Noncompetes
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 a sufficient legal basis and empirical economic support to promulgate a Commission Rule that would restrict the use of non-compete clauses in … Continue reading Next up at the feds: The FTC holds its next hearing on noncompetes
*This post was originally published by Erika Hahn and me on Law360 under the title, “Noncompete Misconceptions May Be Inhibiting Reform.” Federalism is alive and well. For about 200 years, employee noncompetes have been governed by state law. While the first noncompete case in the United States was in Massachusetts, all but three states allow … Continue reading Federal Noncompete Initiatives: When you can’t convince the states, ask the feds.
Earlier this year, Senator Bruce Tarr introduced a bill to address one of the open issues under the new noncompete law. Specifically, the new noncompete law prohibits the enforcement of noncompetes against (among others) people “terminated without cause.” But “cause” is not defined in the statute. So, questions have arisen about what “cause” means. Does it … Continue reading Massachusetts Legislature Considers It’s First Clarification Of Its New Noncompete Law
Since the beginning of this year (2019), the Massachusetts legislature has been quietly considering adding another exemption to its noncompete laws. This one would be for physician assistants (PAs). Two related bills (H.1686 and S.1050) provide for the following language to be added to G.L. c. 112: Section 9L. Any contract or agreement which creates or … Continue reading Massachusetts Is Considering a New Noncompete Exemption for Physician Assistants
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 misappropriation of information, as they should be. As discussed in a bit more detail in Just out: Another proposed ban on noncompetes, up to 72 percent of employees take … Continue reading Leaving your job? Don’t take anything… anything! New employers take note.