News & Analysis as of

Non-Compete Agreements › Confidentiality Agreements › Intellectual Property Protection

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Lewitt Hackman

Franchisee 101: Non-Compete Jumpstarted in Bankruptcy

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A Michigan bankruptcy court held that a debtor-franchisee seeking to reject a franchise agreement for an auto repair center could not reject either a stand-alone confidentiality agreement with the franchisor or the...more

Epstein Becker & Green

What Should Employers Be Doing Now to Best Protect Their Business Interests?

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Part 3 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the final installment of our three-part series discussing employers’ most frequently asked questions in...more

Fox Rothschild LLP

FTC Proposes Non-Compete Ban

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Earlier today, the Federal Trade Commission (FTC) announced that it had voted to essentially ban all non-compete agreements in the United States. Specifically, the FTC issued a final proposed rule banning new non-competes...more

Jackson Lewis P.C.

Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

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In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding...more

Seyfarth Shaw LLP

UK Government’s Proposal to Reduce Non-Competes Not Included In King’s Speech

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At the State Opening of Parliament last week, the UK Government outlined its legislative agenda through the King’s Speech, an annual address where the ruling monarch, wearing the Imperial State Crown, reads a speech that has...more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law

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Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

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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

Foley & Lardner LLP

Common Diligence Issues for Startup and Emerging Technology Companies

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As an emerging or startup technology company seeking funding, your focus is likely on your product - it is the core of your business. That being said, how you protect your technology and set up the company that owns it can be...more

Epstein Becker & Green

#WorkforceWednesday: Spilling Secrets: Employers - Train on Trade Secrets - Employment Law This Week®

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This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law. An employer often overlooks training employees on what their restrictive covenant means and how to honor...more

Dentons

HR Quick Take: Sharing Company Secrets

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Q: We have a recently terminated employee who has been posting a lot of social media messages indicating she is going to reveal “secrets” about the company.  She worked in an area that was highly confidential with employee...more

Blank Rome LLP

[Ongoing Program] Recent Developments in Corporate M&A and Commercial Restrictive Covenants - February 8th, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

Blank Rome LLP

[Ongoing Program] Hiring from the Competition in a High-Risk, High-Reward Labor Market - January 25th, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

Hutchison PLLC

Nondisclosure Agreements, Confidential Disclosure Agreements and Confidentiality Agreements

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Corporate Nondisclosure Agreement, Confidential Disclosure Agreement, Confidentiality Agreement, NDA, CDA and so on. Regardless of the title, companies sign agreements promising to be quiet on a regular basis. But are all...more

Butler Snow LLP

Avoiding Trade Secrets Litigation: Hiring New Employees

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Many companies hire employees that have gained experience at competitors. In fact, it is fairly standard; and there isn’t anything wrong with that practice. After all, employees are generally able to take their knowledge,...more

Knobbe Martens

Enforcing a Non-Compete Agreement? – One Size Does Not Fit All

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Two high-end, off-price fashion brands are duking it out over an employee jumping ship from Century 21 Department Stores, LLC to Rue Gilt Groupe. On November 5, 2018, Century 21 sued Rue Gilt Groupe and Berenice Arcuri in...more

Cozen O'Connor

Five Tips for Protecting Your Company’s Trade Secrets

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Protecting your trade secrets and proprietary information is a vital part of your business. Every company needs to have policies and agreements in place to prevent employees from stealing property, and wrongfully soliciting...more

Fisher Phillips

Watch for the Fox in Your Henhouse: Gig Companies at Risk

Fisher Phillips on

Intellectual property threats (IPT) to companies participating in the gig economy may be greater than those experienced by traditional business. While this may seem self-evident to some, reflection on the matter confirms to...more

Benesch

Protecting Trade Secrets: A New Arrow in the Quiver

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A new weapon in the effort to protect trade secret information came into existence on May 11, 2016 as President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). DTSA creates a new federal cause of action for trade...more

Buchalter

Steps Every Startup Should Take to Protect its Intellectual Property

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Many startup entrepreneurs are not aware of California’s laws around the ownership of intellectual property. And for most, the concepts for products or services are the life-blood of a company’s operations and future....more

Smith Anderson

Protecting Company Relationships and Information Upon an Employee Departure

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Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

Foley & Lardner LLP

Considering Selling Your Company? Tip #2: Stage Your Company

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Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community –...more

Foley & Lardner LLP

Five Tips for a Successful Exit

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Any number of factors can trigger a tech company’s exit: worn-out founders, anxious investors, industry consolidation, or wild, Instagram-like success. As tech founders and executives contemplate the possibility and timing of...more

McCarter & English, LLP

No Trade Secret in Visual Aspects of Software: The Need for Non-Compete Agreements

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A federal appeals court recently ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. Because trade secret...more

Foley & Lardner LLP

Thieves Among Us? Protecting Trade Secrets From Employee Theft

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Employee trade secret theft is a serious problem, and getting worse. According to an analysis of federal court cases filed over a 58-year period, 85 percent of trade secret theft was committed by employees or business...more

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