News & Analysis as of September 20, 2024

Non-Compete Agreements › Inevitable Disclosure Doctrine

+ Follow

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 -

[Webinar] Navigating Trade Secrets Under the FTC’s Non-Compete Ban - June 12th, 1:00 pm - 2:00 pm EDT

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/7/2024

The Federal Trade Commission (FTC) recently issued a Final Rule that invalidates non-compete clauses in standard employment agreements. This new regulation, with some limited exceptions, imposes a nationwide and retroactive...more

Trade Secrets/Non-Compete Quarterly Update - Q2 2023

Benesch on 8/2/2023

Welcome to our Q2 Trade Secret and Restrictive Covenant Update. As you can tell from the update, Q2 was a busy quarter in this space from both a regulatory, legislative, civil litigation and criminal litigation perspective....more

The "Inevitable Disclosure" Doctrine and the DTSA

Holland & Knight LLP on 1/27/2023

The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more

Failing To Take Proper Precautions, Hooked Media Lets Trade Secret Misappropriation Claim Off the Hook

Proskauer - Minding Your Business on 3/9/2021

Late last year, a California appellate court reaffirmed longstanding principles that have important lessons for employers hoping to prevent their employees from taking trade secrets with them if they leave to work for a...more

Recent Illinois Developments in Employee Non-Compete and Trade Secret Enforcement Actions: What Every Employer Should Know

Franczek P.C. on 7/31/2017

Over the past several months, state and federal courts in Illinois have issued several important decisions that will impact employers’ efforts to enforce post-employment restrictive covenants and protect their trade secrets....more

The Third Circuit Addresses the Defend Trade Secrets Act and Appears to Have Applied the Inevitable Disclosure Doctrine

Seyfarth Shaw LLP on 7/12/2017

The Defend Trade Secrets Act (DTSA) states very clearly that an injunction issued pursuant thereto may not “prevent a person from entering into an employment relationship,” and that any conditions placed on a former...more

Adding Inevitability to the Often Disfavored Inevitable Disclosure Doctrine

Bond Schoeneck & King PLLC on 5/1/2017

In a prior blog post, we used the Star Wars Universe as the backdrop for a discussion about obtaining a preliminary injunction in the context of a noncompete agreement. But we left a discussion of the inevitable disclosure...more

The Interplay of the Defend Trade Secrets Act, Inevitable Disclosure, and Non-Competes

Fish & Richardson on 8/26/2016

When it comes to protecting one’s trade secrets, one of the most important remedies a trade secret owner may want is a court order enjoining a former employee from going to a competitor and making use the trade secret there,...more

Texas Supreme Court: Company Representative May Be Excluded from Trade Secret Hearing

Seyfarth Shaw LLP on 6/1/2016

In a clash between two major oil companies, the Texas Supreme Court ruled May 20, 2016 that the recently enacted Texas Uniform Trade Secrets Act (“TUTSA”) allows the trial court discretion to exclude a company representative...more

Massachusetts Courts Continue to Reject Inevitable Disclosure Doctrine

Nutter McClennen & Fish LLP on 2/26/2016

Judge Janet L. Sanders of the Superior Court’s Business Litigation Session has continued the trend of Massachusetts courts refusing to recognize the inevitable disclosure doctrine....more

Sometimes It Might Not Be Worth It To Appeal The Denial Of A Preliminary Injunction

Brooks Pierce on 12/23/2015

I don't think that it was worth it for TSG to appeal Judge Murphy's Order denying its Motion for a Preliminary Injunction on a covenant not to compete. That's true even though an injunction (though not on the covenant) was...more

11 Results

View per page

Page: of 1

Non-Compete Agreements › Inevitable Disclosure Doctrine

"My best business intelligence, in one easy email…"