News & Analysis as of

Non-Disclosure Agreement Trade Secrets Competition

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

Baker Donelson on

On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

Mandelbaum Barrett PC

What is the Impact of the FTC Ban on Non-Competes on Other Types of Contractual Restrictions?

Mandelbaum Barrett PC on

Introduction - On April 23, 2024, the Federal Trade Commission (“FTC”) voted to finalize a rule that prohibits employers from enforcing non-compete agreements against workers (“The Rule”)....more

Morris, Manning & Martin, LLP

FTC Issues Ban On Non-Compete Agreements: What To Know And What To Do Now

FTC Bans Non-Competes - The U.S. Federal Trade Commission (FTC) voted 3-2 to issue a final rule banning non-competes nationwide for all workers and requiring employers to notify workers that they will not enforce them....more

Axinn, Veltrop & Harkrider LLP

Recognizing Risk: When Pursuing A Competitive Edge Creates Exposure to Trade Secret Claims

A well-known idiom - widely credited to Ben Franklin in the 1700s - is that an ounce of prevention is worth a pound of cure. Yet, few companies actively train their personnel to recognize the risk of a trade secret...more

Lewitt Hackman

Franchisor 101: The Secret is Not in the Dough

Lewitt Hackman on

A Utah federal judge denied cookie franchisor Crumbl an injunction preventing its competitor, Dirty Dozen, from opening new locations while litigation between the two franchisors was pending....more

Fox Rothschild LLP

A Trade Secret Tale: When a “Gold Mine” is not Worth the Digging

Fox Rothschild LLP on

An employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a “gold mine” it could use “to...more

White & Case LLP

JFTC and METI Proposes Guidelines for Business Collaboration with Startups and Investment in Startups

White & Case LLP on

On December 23, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups and Investment in Startups...more

Jackson Lewis P.C.

Reaction and Response to the FTC & DOJ Workshop on Labor Market Competition

Jackson Lewis P.C. on

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss...more

Lewitt Hackman

Franchisee 101: Trashing the Competition

Lewitt Hackman on

In a misappropriation of trade secrets action, a franchisor sued a prospective franchisee, claiming breach of a non-disclosure agreement ("NDA") by operating a competing business. The prospective franchisee signed the NDA...more

Mintz - Intellectual Property Viewpoints

Steps Your Company Should Consider Now to Protect Value with a Wave of Trade Secret Litigation on the Horizon Due to COVID-19...

The coronavirus pandemic has created profound changes to how many Americans do their work, with an outsized number now working from home. This arrangement, while necessary given social distancing requirements and the...more

Seyfarth Shaw LLP

Peloton Surges to the Top of the Leaderboard in Competitor Spat

Seyfarth Shaw LLP on

In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...more

Franczek P.C.

A Not So Sweet Deal for Employers Seeking to Protect Trade Secrets Under the Inevitable Disclosure Doctrine

Franczek P.C. on

An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act....more

Sheppard Mullin Richter & Hampton LLP

Don’t Spill Your Trade Secrets: Protecting Your Competitive Advantage in the Food and Beverage Industry (Part 1 of 2)

In the race to get new products to market, food and beverage businesses sometimes neglect their critically important intangible assets — their valuable trade secrets. Through advance planning and diligence, businesses in that...more

Seyfarth Shaw LLP

The Sharing Of Trade Secrets With Others

Seyfarth Shaw LLP on

At first glance, you may be somewhat perplexed by the title. When and why should a company be concerned about managing trade secrets belonging to some 3rd party? ...more

Foley & Lardner LLP

Shhh ... Don't Tell Anyone: Tips on NDAs

Foley & Lardner LLP on

The Non-Disclosure Agreement (“NDA”) is a document that is very often prone to misuse in commercial practice. Often, when business teams from two companies get together, the first thing they do, almost as a box-checking...more

Fisher Phillips

An Ounce Of Prevention Is Worth A Pound Of Cure When It Comes To Protecting Your Trade Secrets

Fisher Phillips on

Anyone working in the healthcare industry knows the saying: “an ounce of prevention is worth a pound of cure.” It’s one of the most common adages used when discussing the benefits of a healthy lifestyle or the importance of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Covenant Not to Compete/Landfill Gas Services: Federal Court Addresses Request for Preliminary Injunction

Like many service industries, conflicts sometimes arise between competitors in the environmental service industry segments. A federal district court, Western District, North Carolina (“Court”) addressed in a September 29th...more

Orrick - Trade Secrets Group

The Fine Line Between Spying and Strategy: Competitive Intelligence’s Legal Limits and Practical Considerations

Although the market trends may change faster than ever today, companies have been gathering competitive intelligence (“CI”) since the dawn of capitalism. It’s not a new concept, but there are new ways to do it—some more...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How to Protect Confidential Business Information in Tennessee

A dilemma employers often face when key employees leave and join a competitor is how to stop the employee from taking and misusing the employer’s confidential business information. In Tennessee, such questions are answered,...more

Carlton Fields

Steps To Consider Before Hiring An Employee from A Competitor To Minimize The Likelihood Of Litigation

Carlton Fields on

Hiring an employee away from a competitor can be a potential legal minefield. It can lead to significant exposure to lawsuits for causes of action including misappropriation of trade secrets, claims of tortious interference...more

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