Trade Secrets | Noncompetes
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.
In the past, I tried something a bit different, and I’m going to try again. It’s a bit of a take-off on what I do each year in the first class of the Trade Secrets and Restrictive Covenants course that I teach at Boston University School of Law. Here it is: This blog is for you. … Continue reading You tell us!
Having recently completed my second roundup of new noncompete legislation, I have updated my 50 State Noncompete Chart to reflect the changes since the April update. (See Legislative Update: Recent Changes to Florida, Maine, New Hampshire, and Rhode Island Noncompete Laws – and D.C.’s New Noncompete Bill for the background.) And remember that in the last iteration, I made … Continue reading 50 State Noncompete Chart Updated – Lots of Developments!
It’s just over a year since the “new” Massachusetts Noncompetition Agreement Act took effect, and it already has had some very tangible, positive effects. However, one aspect of the new law — namely, what consideration is required to support a noncompete — continues to create significant uncertainty. In short, while the new “fair and reasonable … Continue reading Consideration under the New Massachusetts Noncompete Law: Compromise Happens
It’s Thursday, so it must be time for another bill to ban noncompetes. This one comes from Senator Chris Murphy (D-CT) and Senator Todd Young (R-IN), and is a federal bill. (As many of you know, there have already been seven states that have changed their noncompete laws just this year alone, and there are many more state … Continue reading Just out: Another proposed ban on noncompetes
It’s hard these days to keep up with the the changing noncompete laws around the country. My most recent post covering recent updates, from not even quite six months ago, is already outdated. Just by early June, three states (each covered in a separate post) had already enacted new noncompete legislation this year alone: Maryland (banning … Continue reading Legislative Update: Recent Changes to Florida, Maine, New Hampshire, and Rhode Island Noncompete Laws – and D.C.’s New Noncompete Bill
About twice a year, I update my chart of reported noncomepte and trade secrets decisions. Here is the latest. As regular readers of this blog know, several years ago, I became curious to see how many reported trade secret and noncompete decisions were issued each year in all of the federal and state courts around the … Continue reading New Trade Secret and Noncompete Case Growth Graph (Updated September 29, 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 Massachusetts Practitioner (1st ed., MCLE 2019), provides a detailed review of the law of trade secrets nationally, but with a focus on Massachusetts law. … Continue reading Trade Secrets Law for the Massachusetts Practitioner (my new book)
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 will, but one of those memories was of a decision issued by U.S. District Court Judge O’Toole (for those not familiar … Continue reading Trade Secrets and Noncompetes – Music to My Ears: The Cease and Desist Letter
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 causation. Correlation does not imply causation. A Developing Problem of Presumed Causation The assumption that correlation implies causation arises often in … Continue reading Correlation Does Not Imply Causation: The False Comparison of Silicon Valley and Boston’s Route 128
On June 24, 2019, the United States Supreme Court issued its much-awaited decision in Food Marketing Institute v. Argus Leader Media, addressing the intersection of trade secrets law and the Freedom of Information Act (FOIA). In short, the Supreme Court held that confidential information is exempt from disclosure under FOIA, regardless of whether (or not) its … Continue reading New SCOTUS Decision on the Intersection of FOIA and Trade Secrets
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 just from disclosing such information, but from working for a competitor under the so-called “inevitable disclosure doctrine.” Alternatively stated, “where an employee’s work … Continue reading Inevitable Disclosure Doctrine – A Brief History and Summary
Oregon’s noncompete law has been a work-in-progress for more than a decade, and the legislature is at it again: A new change to Oregon’s already progressive noncompete law. What it says… On May 14, 2019, Oregon Governor Kate Brown signed HB 2992 (“Relating to noncompetition agreements; creating new provisions; and amending ORS 653.295“). Effective January 1, … Continue reading Legislative Update: Oregon modifies its noncompete law – again!
In the continuing stream of states reviewing and modifying their noncompete and trade secrets laws, another state – Maryland – has taken the approach of banning noncompetes for low-wage workers – as suggested by the Obama Administration’s Call to Action. (For earlier developments this year, see New trade secret and noncompete legislation: What’s already happened … Continue reading Legislative Update: Maryland Eliminates Noncompetes for “Low Wage” Workers
On May 8, 2019, HB 1450 (“An Act Relating to restraints, including noncompetition covenants, on persons engaging in lawful professions, trades, or businesses; adding a new chapter to Title 49 RCW; and providing an effective date”) was signed by Governor Inslee. The new law will be effective on January 1, 2020. As explained in New trade … Continue reading Washington State Overhauls Its Noncompete Law
Having just completed my most-recent review of every state’s pending and recently enacted noncompete legislation, I have updated the BRR 50 State Noncompete Chart today (April 27, 2019) to reflect those changes. (See “New trade secret and noncompete legislation: What’s already happened and what you can expect for the rest of the year in every state“ for the background.) … Continue reading 50 State Noncompete Chart Updated