News & Analysis as of September 18, 2024

Uniform Trade Secrets Acts

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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 -

Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most...

UB Greensfelder LLP on 8/21/2024

*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets...more

Your Trade Secret IP Stands Between You and Your Competition. The September 4, 2024 FTC Rule Bans Most Non-Competes. Has the FTC...

UB Greensfelder LLP on 8/19/2024

Trade secrets exist, by definition, only if the owner takes reasonable measures to maintain their secrecy. This is true under the Federal, State and Uniform Trade Secret Acts. Companies have traditionally used...more

Are Certain Claims Prevented When Bringing a Trade Secret Claim?

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/22/2024

Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation...more

Protecting Your Business: Practical Tips To Keep Your Trade Secrets Secret

Felicello Law PC on 5/15/2024

Everyone is talking about the new rule approved by the Federal Trade Commission on April 23 (published on May 7 and set to take effect – pending legal challenges – on September 4, 2024 ). It is referred to as the...more

FTC Issues New Rule - But Not the Final Chapter - on Non-Competes: What Employers Need to Know

Womble Bond Dickinson on 4/26/2024

On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States. It will become effective 120 days after it is published in the Federal Register....more

What Laws Protect Trade Secrets in Arkansas?

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/31/2024

Businesses are built through hard work and significant investment. One of the most significant investments, and thus greatest assets to a business, is the investment of time and resources in its people. Protecting that...more

Court Rules that Patient List and Related Medical Practice Information Qualify as Trade Secrets

Proskauer - Minding Your Business on 1/22/2024

The 2016 enactment of the Defend Trade Secrets Act (“DTSA”) has led to an increase in trade secret litigation. The DTSA codified into federal law the right of an owner of a trade secret to sue in federal court when its trade...more

A Cautionary Tale from arrivia Inc. v. Rowley

Holland & Knight LLP on 11/30/2023

Enforceability of releases for unknown claims at the time of settlement is a well-established legal principle, as highlighted in the recent case, arrivia Inc. v. Rowley, No. CV-23-01039-PHX-DLR, 2023 WL 7386384 (D. Ariz. Nov....more

Alcohol Industry M&A: Common Pitfalls for Founders (and Avoiding Them) Part One: Formulas and Processes

McDermott Will & Emery on 10/31/2023

Given the continued strength of the US alcoholic beverage market, the alcohol industry presents numerous opportunities for acquisitions, investments and other strategic transactions from a wide variety of players. These range...more

How to Stop Former Employees From Stealing Your Clients

Hendershot Cowart P.C. on 5/2/2023

Don’t just sit by and watch in alarm as a former employee, contractor, or competitor poaches your clients. Texas law protects valuable trade secrets from misuse and misappropriation – including client lists. These protections...more

Cannabis Baker’s Plans of Own Business Potentially Put On Backburner

Seyfarth Shaw LLP on 8/30/2021

Earlier this month, plaintiff Bright Side, LLC dba Herbal Edibles, a manufacturer of cannabis edibles, filed a lawsuit in New Mexico state court to enforce a 3-year non-compete and enjoin the misappropriation of its trade...more

Practice What You Preach: Trade Secret Rules (Of Course) Apply to Lawyers

Sheppard Mullin Richter & Hampton LLP on 5/5/2021

When trade secret lawyers advise executives transitioning to a job with a competitor, they typically tell them to “take nothing with you” on the way out – meaning that no confidential, proprietary or trade secret information...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

Texas Jury Rejects Digital Marketing Company’s $50 Million Trade Secret Misappropriation Claim

Orrick - Trade Secrets Group on 7/17/2019

After a weeklong June trial, a Texas federal jury awarded Six Dimensions, Inc. (“Six Dimensions”), a digital marketing firm, $287,000 for its breach-of-contract claim against its former employee but rejected its behemoth $50...more

In re: Muhs “Willful and Malicious” Does Not Mean “Willful and Malicious”

Rosenberg Martin Greenberg LLP on 5/30/2019

In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under...more

Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation

McDermott Will & Emery on 2/13/2019

Addressing a bench trial decision concerning a former employee’s retention of confidential information and violation of a non-compete provision, the US Court of Appeals for the Fourth Circuit found no abandonment of the...more

Unfair Competition: What Happened in 2018, and What's in Store for 2019

Littler on 2/11/2019

From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law....more

A 2018 Trade Secrets Year in Review

Orrick - Trade Secrets Group on 1/11/2019

With the holidays behind us and our calendars flipped over to 2019, we’re taking a look back at some key trade secrets developments of the past year. ...more

Intent To Use Is Sticking “Pointe” In Denial Of Preliminary Injunction

Orrick - Trade Secrets Group on 11/6/2018

On October 25, the U.S. District Court for the District of Massachusetts denied motions for injunctive relief in a case involving trade secrets allegedly stolen by a departing consultant using his personal computer to sync...more

Massachusetts Becomes 49th State to Adopt Uniform Trade Secrets Act

Wilson Sonsini Goodrich & Rosati on 10/2/2018

In tandem with the Massachusetts Noncompetition Act, which reformed Massachusetts law governing non-compete agreements (described here in detail), Massachusetts has adopted its version of the Uniform Trade Secrets Act (the...more

Massachusetts Governor Signs Into Law Comprehensive Non-Competition Agreement Reform

Constangy, Brooks, Smith & Prophete, LLP on 8/14/2018

Over the last decade, non-compete reform has been a third rail of Massachusetts politics. Although many employers believe non-compete agreements are necessary to protect their trade secrets and confidential information,...more

Changing the Competition – Massachusetts Enacts Comprehensive Non-compete Reform

BakerHostetler on 8/14/2018

After nearly a decade of debate, Massachusetts has passed comprehensive legislation limiting the use of noncompetition agreements. Last Friday, Gov. Charlie Baker officially signed “An Act Relative to the Enforcement of...more

Massachusetts Legislature Passes Comprehensive Noncompetition and Trade-Secrets Reform

Foley & Lardner LLP on 8/9/2018

The Massachusetts General Court has passed legislation that, if signed by the governor, will comprehensively reform the law governing employee noncompetition agreements and trade-secret misappropriation. If enacted, these...more

Gaming & Hospitality Legal News: Volume 11, Number 2 - The More Things Change, The More They … Change: Recent Developments In...

Dickinson Wright on 2/21/2018

Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and...more

Federal Precedents Under the DTSA Have Arrived

Seyfarth Shaw LLP on 8/2/2016

While the Defend Trade Secrets Act of 2016 (“DTSA”) has only been in effect for a few months, the first wave of cases raising DTSA claims have started to generate federal decisions. In what appears to be the first substantive...more

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