Trade Secrets | Noncompetes
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 program dedicated to advanced issues and hot topics in trade secret law. It is truly one of the premier trade secret programs. In light … Continue reading AIPLA Trade Secret Law Summit is Coming Up, and It’s Accessible From Your Couch
California has long been hostile to employee restrictive covenants. But, its stance on B2B covenants has been less clear. Yesterday (August 3, 2020), we got the answer. Spoiler alert: B2B noncompetes are permitted and will be judged by a reasonableness standard. The questions answered by the California Supreme Court In Ixchel Pharma, LLC v. Biogen, Inc. … Continue reading California Takes a Reasonable(ness) Approach to B2B Noncompetes
Once again, Senators Elizabeth Warren and Chris Murphy are pushing for federal regulation of noncompetes. By way of background, starting in 2015, a few U.S. Senators (Senators Warren and Murphy included) began trying to convince the federal government to wrest power over the appropriate regulation of noncompetes from the states. Having been unable to convince Congress … Continue reading Senators Warren and Murphy Again Push the FTC to Regulate Noncompetes
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 was to provide ideas for maintaining some quality of life while on lock down. The original post has been updated continually to contain all of the suggestions, whereas the separate update … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Bi-Weekly Update (July 18)
For the long holiday weekend, here are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” But first, Happy Fourth! And, for the holidays, don’t forget that today is the long-awaited online debut of Hamilton! The purpose of the original post and these updates is to provide ideas for maintaining some quality … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Bi-Weekly Update (July 3)
Given the recent changes to Indiana law and Virginia law, both of which take effect on July 1, I have again updated my 50 State Noncompete Chart. The chart is now current through June 27, 2020. And remember that since last year, the chart is more searchable (so, for example, you can search by state, as opposed … Continue reading 50 State Noncompete Chart Updated (June 27, 2020)
As we start the weekend, here are the latest additions to “Stuck at Home Doesn’t Have to Mean Bored at Home.” But first, Happy Father’s Day to all the dad celebrating Father’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 quality … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Weekly Update (June 20)
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 from home – especially given the very slow return to “normal.” Like the other practical resources we publish, including our 50 state noncompete chart (which will … Continue reading PSA: Employee Trade Secret Training Video Now Available
As we head into the weekend, here is a short supplement to Wednesday’s 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 (June 13)
With all that is going on, I paused updates to “Stuck at Home Doesn’t Have to Mean Bored at Home.” But, now that I am going to resume, I want to take a moment before I do to acknowledge the pain and suffering around our country and to express my solidarity with those standing for equal … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home – Weekly Update (June 10)
About twice a year, I update my chart of reported noncompete 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 June 7, 2020)
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)