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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
Welcome to our 2023 Trade Secret and Restrictive Covenant Year in Review. 2023 was a busy year in this space, but not as busy as many expected. Although multiple states introduced restrictive covenant legislation, the most...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements....more
New York State Governor Kathy Hochul continues to sign legislation emanating from a busy legislative session, including legislation rendering contractual assignment-of-inventions provisions unenforceable, prohibiting...more
On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law...more
New York may join several other states that have essentially banned post-employment non-compete agreements, including California, Minnesota, North Dakota, and Oklahoma. Governor Kathy Hochul is considering a bill that was...more
On May 24, 2023, Governor Walz signed off on Minnesota legislation prohibiting employers from entering into non-compete agreements with employees or independent contractors. How will this new law affect your business? What...more
Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more
The Protecting American Intellectual Property Act of 2022 (“PAIP”) became law on January 5, 2023, establishing a new enforcement procedure to deter the theft of trade secrets from the United States by foreign actors. PAIP...more
On January 5, 2023, President Biden signed into law the "Protecting American Intellectual Property Act of 2022." Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336, 88 Fed. Reg. 2229 (Jan. 13,...more
On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in...more
On January 5, 2023, President Biden signed into law S. 1294, the “Protecting American Intellectual Property Act of 2022”. The Act requires the president to report to Congress and impose sanctions on any foreign person or...more
On January 5, 2023, President Biden signed the Protecting American Intellectual Property Act of 2022 (“PAIP Act”) into law. The law is designed to shield American businesses from trade secret theft by foreign actors....more
The Protecting American Intellectual Property Act of 2022—passed by the Senate on December 20, 2022 and signed by the President on January 5, 2023—aims to protect American IP interests by imposing sanctions on certain foreign...more
Pittsburgh, Pennsylvania Trade Secret and DTSALaw® | Lawyers | The Protecting American Intellectual Property Act | 2022 | S. 1294- In furtherance of the U.S. Government’s effort to protect American intellectual property, the...more
Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment. The Act, which...more
Compared to Q1 and Q2 of 2022, Q3 was relatively slow with respect to trade secret legislation and significant restrictive covenant awards and/or case law. Still, and as described below, two new statutes require a company’s...more
USPTO Leadership - On April 13, Kathi Vidal was sworn in as the new Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). Director Vidal offered...more
As non-competition laws and the scrutiny of non-compete agreements continue to be in the spotlight, several states are revisiting their non-compete laws. Colorado has been in the spotlight after the Colorado Legislature...more
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
On August 13, 2021, Governor Pritzker signed into law a bill amending the Illinois Freedom to Work Act governing restrictive covenants and non-competition agreements. On May 30, 2021, the Illinois General Assembly passed a...more
Florida has given employers a new weapon in their trade secret protection arsenal: the Combatting Corporate Espionage in Florida Act. With the Biden Administration’s goal of curtailing non-competes and the Supreme Court’s...more
Florida Governor Ron DeSantis recently signed the Combating Corporate Espionage in Florida Act into law, and it will take effect on October 1, 2021. The new law was created to protect intellectual property in Florida from...more
Following a nationwide trend, Illinois has proposed significant legislation affecting employee restrictive covenants, such as non-compete agreements. While the proposed law does not dramatically change most aspects of the...more