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Trade Secrets › Federal Trade Commission (FTC)

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Kilpatrick

4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends

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Kilpatrick partners Joel Bush and Michele Floyd recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trade Secret Update: 2024 Legal Developments and Trends.” This session...more

Baker Donelson

Top Developments in Trade Secret Law

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In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more

Constangy, Brooks, Smith & Prophete, LLP

The FTC noncompete ban is dead. Here are five steps employers should take now.

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You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more

Houston Harbaugh, P.C.

Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

Houston Harbaugh, P.C. on

The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of...more

UB Greensfelder LLP

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

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*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

Houston Harbaugh, P.C.

Seismic Shift in Employment and Intellectual Property Rights: FTC’s Nationwide Ban on Noncompete Agreements

Houston Harbaugh, P.C. on

30 million is a BIG number! That is the estimated number of employment contracts that could be impacted by the Federal Trade Commission’s new rule banning non-competes, if it goes into effect on September 4, 2024, as...more

UB Greensfelder LLP

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

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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

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

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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

Baker Donelson

Trust, but Verify: The Power of Audits to Protect Your Competitive Edge as Non-Compete Ban Looms

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Corporate leaders concerned about protecting the recipe for their company's success have been following the fitful path of the FTC's rule banning non-competes. Lawsuits seeking to enjoin the rule were filed in multiple...more

Fisher Phillips

Your Non-Compete and Trade Secrets To-Do List for August 2024

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Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more

Baker Donelson

Employers Should Consider Alternative Protections to Address Lack of Clarity Around Non-Compete Rule

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The Federal Trade Commission's (FTC) impending Non-Compete Rule invalidating almost all non-compete agreements nationwide received new life after a recent federal decision in Pennsylvania district court. Employers and...more

WilmerHale

2024 Trade Secret Update: A Look at Recent Trade Secret Developments & Trends

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On May 11, 2024, the Defend Trade Secrets Act (DTSA) celebrated its eight-year anniversary. The DTSA’s enactment in 2016 marked a turning point in US trade secret protection. It gave parties seeking redress for...more

Sullivan & Worcester

Companies Turn to Trade Secret, Patent, Copyright to Mitigate Risks from FTC Non-Compete Ban

Sullivan & Worcester on

On April 23, 2024, the Federal Trade Commission narrowly approved a rule banning most non-competition agreements. The rule, set to go into effect on September 4, 2024, prohibits employers from including non-compete provisions...more

Sheppard Mullin Richter & Hampton LLP

Maine Governor’s Veto of Non-Compete Ban Bucks Growing Trend Among States and Federal Trade Commission

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Amidst a wave of non-compete bans sweeping California, North Dakota, Oklahoma, Minnesota and, most recently, the nation via the Federal Trade Commission’s non-compete prohibition, Maine Governor Janet Mills departed from this...more

Baker Donelson

All Eyes on Pennsylvania Federal Court After Texas Court Issues Limited Injunction Against FTC Non-Compete Ban

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A first-in-nation ruling in Texas federal court casts serious doubt on the enforceability of the broad-reaching new Federal Trade Commission (FTC) Noncompete Rule. For any company seeking to legitimately protect its...more

Epstein Becker & Green

What Should Employers Be Doing Now to Best Protect Their Business Interests?

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Part 3 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the final installment of our three-part series discussing employers’ most frequently asked questions in...more

Epstein Becker & Green

Should Employers Continue to Enter into Noncompetes with New Hires or Other Employees?

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Part 2 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the second installment of our three-part blog series that is intended to respond to employers’ three most...more

Mandelbaum Barrett PC

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

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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

Mayer Brown

Contracting for Trade Secret Protection in the Post Non Compete Era

Mayer Brown on

In this episode of Tech Talks, we discuss the Federal Trade Commission’s recent ban on non-compete agreements and its implications for employers, as well as strategies for protecting confidential information and trade...more

Hendershot Cowart P.C.

Life After The FTC Ban: Alternatives To Non-Competes

Hendershot Cowart P.C. on

The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[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

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

Miles Mediation & Arbitration

Good Riddance? The Uncertain Future of Covenants Not to Compete

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I have a complicated relationship with my favorite Green Day song. Why is a song most often played as the backdrop to graduation videos hoping you “had the time of your life” called, “Good Riddance”? I am similarly...more

Baker Donelson

Trade Secret Protection Plans Provide Certainty to Employers

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Baker Donelson recently published an article called "The End of Non-Competition Agreements? Not so Fast!" The article summarizes the Federal Trade Commission's (FTC) final rule prohibiting most employers from binding the...more

McDermott Will & Emery

Revisiting Trade Secret Strategies Following the FTC’s Ban on Noncompete Agreements

McDermott Will & Emery on

On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements...more

Felicello Law PC

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

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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

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