Non-Compete Agreements Trade Secrets

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 -
News & Analysis as of

To Compete or Not to Compete: Is That the Question?

A June 8, 2014 New York Times article highlighted an increasing trend in the areas of antitrust, competition, and employment law: the enforcement of covenants not to compete. As noted in the article, businesses have...more

The California Myth About Non-Compete Agreements

Non-compete agreements remain an important and viable tool for the protection of proprietary business information and trade secrets. Are non-compete agreements enforceable if your key employee takes a position with a...more

The World Cup of Non-Competes

Can you imagine if FIFA allowed or enforced non-compete agreements that limited the ability of a player to hold dual citizenship and play for either country? Would the World Cup have suffered if brothers representing Ghana...more

Business Litigation Reporter -- June 2014

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

5 Attributes of a Successful Non-Compete Agreement

Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back....more

Federal Court Reminds Trade Secret Owners That the Statute of Limitations Isn't Everything When it Comes to Misappropriation...

Several years after an employee leaves your company, you realize that he or she has been using confidential and proprietary information acquired from your business to compete against you. Your non-compete agreement with the...more

What Happens at Work Stays at Work – The California Employer’s Approach To A National Program for Restrictive Covenants and Trade...

In This Presentation: The California Landscape: A Refresher - Post-Termination Non-Competes – Unenforceable under Bus. & Prof. Code §16600 and Edwards v. Arthur Andersen – Other jurisdictions may...more

Massachusetts Governor Proposes Banning Non-Compete Agreements

On April 10, 2014, Massachusetts Governor Deval Patrick introduced an economic development package that includes a law barring non-compete agreements in the state. Patrick says that the measure would permit the free flow of...more

Massachusetts Governor Deval Patrick Proposes Elimination of Most Non-Compete Agreements and Adoption of Uniform Trade Secrets Act

What you need to know: Massachusetts Governor Deval Patrick recently proposed legislative reform that would abolish non-compete agreements made in the technology and life sciences sectors, as well as other, currently...more

It’s The End of the World as We Know It: Life after Non-Competes in Massachusetts (Why You Should Feel Fine)

Last week, Massachusetts Governor Deval Patrick announced a new economic plan and filed legislation which included a plan to eliminate non-competition agreements. The plan was quickly applauded and criticized by those in the...more

What to Do When Your Client’s COO Becomes Your Competitor’s BFF

One of your most important clients just called. She reports that one of her senior sales people quit a few months ago, and she just learned that the sales person has joined a large competitor. Panicking, your client wants to...more

Protecting Trade Secrets When Employees Depart [Video]

Employment and labor lawyer Richard Warren discusses how employers can better protect one of their most valuable assets—their trade secrets....more

Protecting Your US Business From Unfair Competition by Former Employees Requires Timely and Prudent Action

The potential risks posed to a business by former employees are common to employers worldwide. Whether an employee is working in Jakarta, London or New York at termination of the employment relationship makes little...more

Sometimes Noteworthy Non-Compete Decisions Have No Non-Competes

As a non-compete litigator, I often scan the case reports looking for noteworthy non-compete decisions. In doing so, I look for the usual buzzwords of interest -- non-compete, trade secret, preliminary injunction, etc. But...more

Noncompete News - January 2014

State Laws Governing Noncompete Agreements May be a Trap for the Unwary - As discussed previously, noncompete agreements can be a powerful tool to help employers protect their confidential, proprietary or trade secret...more

Does Your 2014 “To Do” List Include Updating Your Company’s Trade Secret Protections?

As you consider the tasks you did not quite finish in 2013 and look ahead to 2014, we recommend including on your to-do list a review of your company’s practices and procedures for protecting its valuable, proprietary...more

Twas the Night Before Christmas -- Non-Compete Style

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could...more

Willful Blindness on Trade Secrets: Employers Could Pay a Heavy Price

A recent trial experience provided an extraordinary lesson on the significant legal exposure employers face when hiring away employees from a competitor. I recently completed a jury trial in which my client obtained a $22.7...more

Ice Storms, My Secret Internet And Other Myths

Winter is around the corner. On the calendar, however, it’s not yet here. Surely Mother Nature is aware of this. Still, an ice storm currently engulfs large swaths of our nation and is leaving many of us without power or...more

Know What You Are Protecting When You Develop a Non-Compete

A recent North Carolina Court of Appeals case, Phelps Staffing, LLC v. C.T. Phelps, Inc. and Charles T. Phelps, COA12-886, 2013 WL 1575409 (N.C. Ct. App. Apr. 16, 2013), highlights the need for employers who either have...more

THANKSGIVING POST: Court Protects Quizno’s Franchise Turkey Trade Secrets

This Thanksgiving, Trade Secrets Watch is serving a delicious tale about protecting trade secrets in a franchising relationship. In 1994, Quizno’s entered into a franchise agreement with Robert Kampendahl, an...more

Implementing a Trade Secrets Protection Program

In the business world, protection of trade secrets can make the difference between success and failure, or profit and loss. This post seeks to show you how to protect your company’s trade secrets so that in the event one of...more

Excuse Me Judge, Could I Be Heard On That?

A few months ago, I filed a motion for a TRO on behalf of a client. I thought I had a pretty rock-solid case. My client had discovered that in the weeks and months leading up to the resignation of a former employee, the...more

California Court of Appeal Clarifies the Limits of Statutory Trade Secret Displacement (Supersession)

In a case whose facts plainly compelled the outcome, California’s Fourth Appellate District held on October 15, 2013 in Angelica Textile Services, Inc. v. Jaye Park, No. D062405 that a claim for trade secret misappropriation...more

Restrictive covenants in the US: navigating the quagmire of enforceability

Post-employment restrictive covenants in the context of employment relationships have long posed challenges for employers. Both the nature of the agreement and the context in which it is entered into impact the enforceability...more

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