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November 30, 2020

Computer Fraud and Abuse Act Supreme Court Oral Argument is Today!

The split in the Circuits over the scope of the Computer Fraud and Abuse Act is up at the U.S. Supreme Court today. The issue: Whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose.

November 25, 2020

50 State Noncompete Chart Updated (November 26, 2020)

Based on a review of recent noncompete decisions and laws from around the country, I have updated our chart, “Employee Noncompetes – A State-by-State Survey.”

November 22, 2020

Massachusetts Noncompetition Agreement Act: “Without Cause” (Possibly) Explained

As set forth in the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L, “[a] noncompetition agreement [entered into on or after October 1, 2018] shall not be enforceable against . . . employees that have been terminated without cause or laid off . . . .” Id. at § 24L(c).

“Without cause” is not defined in the statute. Worse, its meaning – particularly when juxtaposed against the category of “laid-off” workers – is unclear.

November 9, 2020

Year-End Update on the Continuing Massachusetts Noncompete Legislative Efforts

With the 2019-2020 legislative session coming to an end in Massachusetts, we review the status of outstanding noncompete-related legislation pending at the statehouse. 

November 8, 2020

Trade Secret Misappropriation: It doesn’t matter if you’re a bad bank robber – you’re still a bank robber

Trade secret misappropriation is not a matter of degree. Either the defendant acquired, used, or disclosed information or he did not.

October 23, 2020

Upcoming Trade Secret Law Learning

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.

October 18, 2020

PSA: Protecting Trade Secrets – Working at Home – Training Video Is Updated and Available

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.

October 18, 2020

Reminder: Zoom Needs to Be Set Appropriately to Protect Your Trade Secrets

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.

September 22, 2020

Stuck at Home Doesn’t Have to Mean Bored at Home (Start of Fall Update)

Fall starts today. Happy fall! 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 … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home (Start of Fall Update)

September 20, 2020

What have we learned from COVID-19 injunction cases?

Recent cases suggest that courts are not reflexively responding to the impacts of COVID-19 by denying preliminary injunctive relief. They continue to evaluate the need for injunctive relief as before, and are simply adding the impacts of the pandemic into the mix as appropriate.

September 13, 2020

Louisiana’s Recent Changes to Its Noncompete Law Explained and Put In Context

Effective August 1, 2020, Louisiana again strengthened its noncompete law. Although there has already been some commentary on the new law, this post delves a little deeper and looks at the statutory framework and some legislative history (following broad changes in 1989) to gain a better understanding of the significance of the otherwise seemingly insignificant change.

September 5, 2020

Stuck at Home Doesn’t Have to Mean Bored at Home (Labor Day Weekend update)

Happy Labor 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 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, … Continue reading Stuck at Home Doesn’t Have to Mean Bored at Home (Labor Day Weekend update)

August 23, 2020

Stuck at Home Doesn’t Have to Mean Bored at Home (August 23 update)

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 (August 23 update)

August 6, 2020

AIPLA Trade Secret Law Summit is Coming Up, and It’s Accessible From Your Couch

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

August 5, 2020

California Takes a Reasonable(ness) Approach to B2B Noncompetes

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

August 2, 2020

Senators Warren and Murphy Again Push the FTC to Regulate 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

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