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Executive Orders Trade Secrets

DirectEmployers Association

OFCCP Week In Review - May 2024 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Epstein Becker & Green

More Critical Than Ever: Cyber Risk "Tabletop Exercises" in the AI Infused Workplace

Since the dawn of digitalization, the collection and retention of personal and other business confidential data by employers has implicated security and privacy challenges—by amassing a treasure trove of data for bad actors...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Pros And Cons Of Protecting AI As Trade Secrets

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

DRI

The Shifting Landscape of Non-Compete and Non-Solicitation Agreements

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The landscape is changing in the realm of restrictive covenants such as non-compete and non-solicitation agreements. Several new laws limit the use and scope of restrictive covenants, one of which was recently enacted in...more

Holland & Knight LLP

The Coming Shift from Patent to Trade Secret Protection for Generative AI Inventions

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Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only...more

Jackson Lewis P.C.

Keeping Up With the Changing Law Restricting Employee Competition in the Construction Industry

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The legal landscape is rapidly changing with regards to restrictive covenants used by employers to protect against unfair competition and solicitation by current or former employees. This is especially true for employees in...more

Dechert LLP

Initiatives to Increase Communication Between the USPTO and the FDA Concerning Pharmaceutical Patent Applications

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President Biden, in July 2021, issued an Executive Order (“E.O.”) observing that “too often, patent and other laws have been misused to inhibit or delay — for years and even decades — competition from generic drugs and...more

Dorsey & Whitney LLP

Non-competition Agreements under Scrutiny at State and Federal Level

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Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more

BakerHostetler

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal...

BakerHostetler on

Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more

Sheppard Mullin Richter & Hampton LLP

FTC reviews non-compete agreements: An Update On The Future Of Restrictive Covenants Following The Biden Administration’s Proposed...

In July 2021, President Biden signed an Executive Order directed at promoting competition in the U.S. economy. As part of that overarching goal, the Biden Administration tasked the Federal Trade Commission (“FTC”) with...more

Jackson Lewis P.C.

Reaction and Response to the FTC & DOJ Workshop on Labor Market Competition

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The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss...more

Benesch

Restrictive Covenant and Trade Secret Year-End Review

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2021 was an active year for trade secret and restrictive covenant law. 28 states introduced a total of 68 restrictive covenant bills, the United States Senate re-examined two prior restrictive covenant bills, and President...more

Holland & Knight LLP

Price Transparency in Hospitals – Is Hospital Pricing Data a Protected Trade Secret?

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By this point, it's no secret the cost of healthcare services can vary dramatically between different providers of the same services. The Bush, Obama, Trump and Biden administrations all pushed for price transparency in...more

Jones Day

2021 Mid-Year Review: Key Global Trade Secret Developments

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A trade secret is any information used in one’s business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

Sheppard Mullin Richter & Hampton LLP

President’s Executive Order Aims to Foster a Competitive Marketplace

On July 9, 2021 President Joe Biden issued an Executive Order on Promoting Competition in the American Economy, which urges the Attorney General and Federal Trade Commission (FTC) to curb the use of non-compete and no-poach...more

Jackson Lewis P.C.

Why We Signed A Joint Letter Urging Caution In Non-Compete Regulation

Jackson Lewis P.C. on

Earlier this month, President Joseph Biden issued an Executive Order encouraging the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit...more

Lowndes

President Biden Signs Executive Order Targeting Non-Competes

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Last Friday, July 9, 2021, the White House issued a 20-page executive order on “Promoting Competition in the American Economy” aiming to create an “open and competitive economy” where workers have the “economic freedom to...more

McCarter & English, LLP

No, The Biden Administration Did NOT Just Ban Employee Non-Compete Agreements.

On July 9, 2021, President Biden issued Executive Order 14036, which broadly addresses “promoting competition in the American economy.” In the run-up to and aftermath of this action, many news outlets reported that the...more

Akerman LLP - HR Defense

Biden Order: Consider a Federal Rule on Non-Competes

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

Foley Hoag LLP

President Biden Takes First Step to Limit NonCompete Agreements Nationally

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President Biden promised during his campaign that if elected he would take federal action against non-competition agreements. On July 9, 2021, Biden issued a broad executive order aimed at making good on that promise. He...more

King & Spalding

Executive Order Restrains Use of No-Poach & Non-Compete Clauses

King & Spalding on

As summarized in the July 9, 2021 King & Spalding Client Alert, President Biden issued an executive order on July 9, 2021 designed to enhance competition across multiple sectors of the U.S. economy. One of the order’s key...more

Eversheds Sutherland (US) LLP

President Biden signs executive order targeting non-compete agreement

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. In his order, President Biden states that companies can stifle competition with non-compete clauses - claiming...more

Holland & Knight LLP

How Will President's New Executive Order on Non-Compete Agreements Affect Employers?

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President Joe Biden on July 9, 2021, issued a wide-ranging Executive Order intended to promote competition in the American economy. Among other things, it encourages the Federal Trade Commission (FTC) to ban or limit...more

Foley & Lardner LLP

Noncompetes Under Attack – Biden Administration Seeks to Limit Restrictive Covenants in the United States

Foley & Lardner LLP on

Every week, we provide at least two brief articles: typically, one concerns guidance on important labor and employment topics, and the other summarizes a recent or new labor and employment development (whether due to...more

Snell & Wilmer

A Planned Executive Order Regarding Competition

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Neil Irwin of the New York Times reported on Thursday morning that President Biden is preparing an Executive Order focused on competition policy. He reports that people familiar with the Order say one section has several...more

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