4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
Trade Secret Litigation: The Power of Protection
Non-Compete Agreements: An Endangered Species?
Webinar | Negotiating with Goliath: How Startup GCs Can Navigate Power Differentials in Contracting
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast
Navigating the FTC’s Proposed Rule Banning Non-Competes
The Speak Out Act and Compliance Programs
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Law Brief®: Rich Schoenstein and David Kleinmann Discuss FTC's Proposed Noncompete Ban
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses
Update and Discussion on Legal and Practical Issues
Bar Exam Toolbox Podcast Episode 164: Listen and Learn -- Contract Defenses
#WorkforceWednesday: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud - Employment Law This Week®
Teeming with Teaming Agreements: Navigating Strategic Alliances in the Federal Marketplace
Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final...more
The Federal Trade Commission’s final rule banning non-competes was published in the Federal Register Tuesday, potentially becoming effective on September 4, 2024. The new rule would prohibit employers from imposing...more
On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition. The Final Rule will go into effect 120 days after being...more
Agreements not to compete have existed as part of the common law for hundreds of years.1 These restraining agreements are designed to reduce economic harm to an employer when a “key” employee departs and are often required at...more
In Vicarious Surgical Inc. v. Beth Tragakis, Judge Salinger, sitting in the Massachusetts Business Litigation Session, dismissed a robotics company’s Chapter 93A claim for lack of any allegations that the robotics company was...more
Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more
In a recent decision, the Delaware Court of Chancery noted that a plaintiff-franchisor did not take adequate protections to safeguard the confidentiality of its purported trade secrets while using a remote audiovisual...more
The First Circuit seldom delivers opinions on trade secret claims, so employers should pay extra-close attention to the lessons to be learned from the court’s recent decision in TLS Management v. Rodríguez-Toledo...more
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. Due in...more
On November 1, 2018, the California Court of Appeal, Fourth Appellate District affirmed a trial court’s ruling in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. et al., Case No. D071924, Cal. App (2018) which (1)...more
Let’s set the scene: My new company develops a smart toothbrush from the ground up. It brushes your teeth, provides you with real-time information about your dental health while you brush, and even provides targeted...more
A California federal jury recently decided that Emerson Electric Company owes prefabricated module manufacturer BladeRoom Group Limited $30 million in damages for stealing trade secrets to build a massive new data center. ...more
As a life sciences or medical device company, it is mission critical to protect lab books, drug and clinical test data, product formulas and production processes that underlie your patents, trade secrets and know-how from...more
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with,...more
The federal Defend Trade Secrets Act (DTSA), which President Obama signed into law last week, puts a new and significant arrow in the quiver of employers seeking to enforce trade secret protections, as previously discussed in...more
Most employers understand, in this era where information moves so quickly and critically sensitive commercial information is very easy to move, that protecting trade secrets is more important than ever. In fact, the U.S....more
Intellectual Property (IP) is often an early stage venture’s most valuable asset. But who really “owns” the IP a startup uses? In many cases the answer isn’t clear, and problems frequently aren’t identified until an investor...more
Make sure you own what you think you own....more
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
Bloomberg just reported last week that the Apple Watch “is eroding demand for traditional timepieces.” That’s not just a bad sign for watch retailers, but for employers who continue to have to keep up with the ever-shrinking...more
Non-disclosure agreements (“NDA”), or confidentiality agreements, are useful in a variety of contexts, including between teaming partners, contractors and subcontractors, as well as employers and employees. ...more
When your business depends on a carefully-crafted public image, you do not want the public to know how hard you work to maintain that image. These days, that includes preventing your employees from revealing too much via...more
Startups are justifiably focused on developing the next big idea, getting that idea to market and ensuring the company has enough financial runway to make it all happen. Missteps in protecting the startup’s intellectual...more