News & Analysis as of

Confidential Information Former Employee Intellectual Property Protection

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more

Parker Poe Adams & Bernstein LLP

North Carolina Trade Secret Protections Laws Do Not Apply to Out-of-State Conduct

Like most states, North Carolina law protects employers from misappropriation of confidential and proprietary trade secrets. Last month, the North Carolina Business Court (a division of the Superior Court that handles complex...more

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

Fish & Richardson on

On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

TransPerfect Legal

Three Strategies to Prevent Departing Employees from Absconding with Trade Secrets and Other Confidential Business Information

TransPerfect Legal on

One of the biggest threats to modern corporations involves departing employees who take confidential business information (CBI) and/or trade secrets with them prior to or upon their departure. Indeed, the misappropriation of...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

ArentFox Schiff on

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Can You Get a Court to Stop Someone from Sharing Customer/Client Lists?

Can you get a court to stop someone from sharing customer/client lists in Arkansas? As explained in this blog post, it depends. But often the question is debatable and hiring an attorney experienced in unfair competition...more

Saul Ewing LLP

Maryland Appellate Decision Offers Guidance for Trade Secret Disputes

Saul Ewing LLP on

Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. v....more

EDRM - Electronic Discovery Reference Model

3 Strategies for BYOD Risk Mitigation with Departing Employees

Companies continue to adopt Bring Your Own Device (BYOD) policies to save money and relieve employees of the “two-phone burden.” However, such policies come with clear risks. Companies must remain particularly concerned when...more

Cooley LLP

What Employers Should Know About Protecting Confidential Information in England

Cooley LLP on

Confidential information is one of a business’ most prized and valuable assets. However, it is rarely something that can be locked in a safe, because employees often require access to it for the purposes of carrying out their...more

Fisher Phillips

3 Major Points to Consider When Deciding Whether to Sue Over Restrictive Covenants and Trade Secret Violations

Fisher Phillips on

Restrictive covenant and trade secret litigation is on the rise, and it typically involves an extremely public dispute that can require you to expend significant resources without any certainty of a favorable outcome....more

Fisher Phillips

3 Reminders for Employers Mitigating the Risk of Trade Secret Misappropriation in the Face of Mounting Layoffs

Fisher Phillips on

While economists continue to debate the prospects for a recession, layoffs are impacting employees across the U.S., and not just in the technology sector. Given the greater potential for trade secret misappropriation in the...more

Bradley Arant Boult Cummings LLP

Collision at the Intersection of Construction and Intellectual Property Law: Are You Protecting Your Firm's Trade Secrets?

The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the...more

Seyfarth Shaw LLP

Federal Court Awards Company Only $1.00 in Damages in Misappropriation Case against Former Employee

Seyfarth Shaw LLP on

The District of Maryland recently awarded a software developer a mere $1.00 in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s...more

K&L Gates LLP

Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

K&L Gates LLP on

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'...more

Miller Nash LLP

Taking Steps to Protect Confidential Information

Miller Nash LLP on

Many companies have confidential information that they want to protect from disclosure to third parties or use by competitors. Often, companies also have agreements with vendors or clients in which the company promises to...more

Fisher Phillips

5 Tips for Protecting Your Trade Secrets Without an Enforceable Noncompete Agreement

Fisher Phillips on

2022 hasn’t been the friendliest year for employers that seek to protect trade secrets with a noncompete agreement. Although many jurisdictions understand the importance of contractually protecting a company’s legitimate...more

Erise IP

A Trade Secret Storm Looms: Six Steps to Take Now

Erise IP on

A storm is brewing in the intellectual property world, and it’s heading straight for trade secrets. With millions of Americans quitting their jobs each month — 4.3 million in December alone — and pandemic-stunned...more

Procopio, Cory, Hargreaves & Savitch LLP

Trade Secrets Protection: Some Common Sense and an Ounce of Prevention Is Worth a Pound of Cure

Given the dire consequences a company can face once a valuable trade secret goes out the door, corporate executives need to understand what their trade secrets are as well as how to protect them. Under the law, a trade secret...more

Proskauer Rose LLP

Low Wage and Employee Classification Limits on Non-Compete Agreements

Proskauer Rose LLP on

Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more

Fenwick & West LLP

Litigation-Proofing Your Trade Secrets: Practical Steps to Ensure They’re Enforceable in Court

Fenwick & West LLP on

Trade secret litigation is on the rise, and new case law related to enforceability has broad implications for how companies protect information that they consider to be trade secrets. The Lex Machina 2020 Trade Secret...more

Faegre Drinker Biddle & Reath LLP

California Non-Compete and Trade Secret Catch-Up

California is notorious in the non-compete world for its prohibition and extreme scrutiny of individual non-compete and other types of restrictive covenant agreements. These types of agreements between two businesses,...more

Jones Day

JONES DAY PRESENTS®: Helping Clients with Trade Secret Protection

Jones Day on

Most trade secret misappropriation is the work of a company employee or former employee. Jones Day partners Andrea Weiss Jeffries, Steve Zadravecz, Rebecca Swindells, Dr. Christian Paul, and Jon Linas explain why strategic,...more

Mintz - Intellectual Property Viewpoints

Workplace Confidential: Preventing Former Employees from Using Your Trade Secrets

Most trade secret cases involve allegations that a former employee is using a company’s confidential information at a new job or their own business. Given that reality, and the workforce disruptions caused by the coronavirus...more

Mintz - Intellectual Property Viewpoints

Danger on the Horizon: Detecting Early Signs of Trade Secret Theft by Competitors

Trade secrets are typically associated with a company’s most profitable products and services, and maintaining control of critical confidential information is often essential to a company’s revenue stream and continued...more

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