Trade Secrets Non-Compete Agreements

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 -
News & Analysis as of

Food Giants Prepare for Battle Over Trade Secret Misappropriation

On July 19, 2016, the "You Pick Two®"-famous Panera Bread filed a lawsuit in St. Louis against Papa John's, claiming that the international pizza company hired away a Panera IT executive who is misappropriating trade secrets....more

Pokémon Go – Employees Stay: A Primer on Florida Non-Competition Agreements

Pokémon Go is the newest craze to hit smartphones, finding colossal success in America. Some estimates claim that five percent of all android users had installed the game on their phones within one week of launch. Nintendo’s...more

Navigating Non-Compete and Other Key Talent Issues: A Primer for Employers

Finding new customers and growing sales and market share are the Holy Grail. One way to achieve these objectives is to hire talented sales professionals or managers from competitors. These individuals already know the...more

Non-Compete Agreements may be Transferred and Enforced by the Successor Employer Following an Asset Purchase Sale

The Eighth Circuit Court of Appeals recently held that non-compete agreements may be transferred to a successor employer through an asset sale and enforced by that successor employer against the employees who previously...more

Does The Federal Trade Secrets Act Make A Difference For Connecticut Employers?

The federal Defend Trade Secrets Act (the President signed it on May 11th) went on the books with a lot of fanfare. For the first time, employers (and other trade secret owners) have a federal law claim for trade secret...more

Employment Agreements: Current Issues

Employment agreements are not unusual, particularly for managers and executives. As new laws come into existence and as the work environment is changed by data and data security, drafting adequate, enforceable agreements can...more

Recent Developments Again Call for Timely Review of Restrictive Covenants

We have suggested before that employers should view non-competition and other restrictive agreements as “live” documents, warranting regular examination to ensure they are deployed with appropriate precision and account for...more

Pied Piper Is Like Empty Tables, and Empty Chairs (Silicon Valley – Episode 27)

“Not much to report this week, dear readers! Everything is perfectly fine.” Or so says Jared. But as Gilfoyle is quick to point out, “That’s a lie.” The problem is that even though the Pied Piper product has incredible...more

Labor & Employment E-Note - June 2016

The scope of the federal Defend Trade Secrets Act enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employer's asset protection and enforcement program is quite significant. Please...more

Trump, Captain America, Deadpool and the Impact on Florida Non-Competition Agreements

Competition is the name of the game this summer. The presidential hopefuls travel the country competing for votes. After knocking out Marco Rubio and Ted Cruz and more than a dozen other Republican Presidential hopefuls,...more

Practical Tips: Keeping Trade Secrets Safe During Litigation – Texas Supreme Court Edition

Recently, the Texas Supreme Court provided its first opinion interpreting the Texas Uniform Trade Secrets Act in a case involving an issue that often causes discomfort to lawyers on both sides of the “v” in trade secret...more

Texas Supreme Court: Company Representative May Be Excluded from Trade Secret Hearing

In a clash between two major oil companies, the Texas Supreme Court ruled May 20, 2016 that the recently enacted Texas Uniform Trade Secrets Act (“TUTSA”) allows the trial court discretion to exclude a company representative...more

White House Weighs in on Ongoing Non-Compete Battle

As states continue to struggle with the pros and cons of non-competes, the White House has recently weighed in, siding largely with critics of non-competes. In Non-Compete Agreements: Analysis of the Usage, Potential Issues,...more

The Federal Defend Trade Secrets Act - Immediate Implications for Businesses That Utilize Employment Agreements and Contracts To...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which provides uniform federal protection for trade secrets and confidential business information. The DTSA received bi-partisan...more

Time to Review Your Confidentiality Agreements: New Federal Trade Secrets Act Creates Private Right of Action and Imposes New...

The Defend Trade Secrets Act of 2015 (DTSA), which establishes a new federal private right of action for trade secret misappropriation, is now the law. Trade secrets, the fourth leg of the intellectual property chair, have...more

Intellectual Property and Technology: New Federal Law Means You Should Update Your Non-Compete And Non-Disclosure Agreements...

President Obama this week (on May 11) signed into law the Defend Trade Secrets Act (DTSA) of 2016. This is truly a landmark law; one that expands the federal remedies companies can pursue to halt the theft of trade secrets...more

Protecting Trade Secrets: A New Arrow in the Quiver

A new weapon in the effort to protect trade secret information came into existence on May 11, 2016 as President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”). DTSA creates a new federal cause of action for trade...more

White House Calls For Non-Compete Reform

Last Thursday, the White House issued a report titled “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses” and an accompanying blog post. Relying heavily on a report earlier this year from...more

No Microscope Needed to See Why This Non-Compete Is Unenforceable

When is a microscope not needed? When the problem one is looking at is big as an elephant, not small as an amoeba. Nion, an electron microscope manufacturer, contracted with Gatan, a spectrometer manufacturer, to use...more

The White House is Interested in Non-Compete Reform

President Obama is expected to sign the Defend Trade Secrets Act, which passed with overwhelming, bipartisan support in the House and Senate in recent weeks (and about which we will have a lot more to say in the coming days)....more

The Defend Trade Secrets Act of 2016: Implications for business, employers and employees

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama promises to sign soon. This proposed legislation, which is designed to be an expansion of the Economic Espionage Act of 1996, would...more

U.S. Treasury Department Suggests That Non-Compete Reform is Necessary

The U.S. Department of Treasury recently released a study on the effect of non-compete agreements, taking a hard line with respect to their social and economic benefits and purported harms. Specifically, while the authors of...more

Employment Matters Newsletter, Spring 2016

Employee versus Independent Contractor: The Latest - Courts have been dealing with the issue of whether a worker is considered an employee or an independent contractor for many years. The common law established specific...more

Trade Secrets Directive

The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European...more

Labor and Employment Group News: U.S. Treasury Issues Report on the Economic Effects of Non-compete Contracts

An office of Economic Policy Report published in March 2016, entitled "Non-Compete Contracts: Economic Effects and Policy Implications," estimates that 18% of all workers, or nearly 30 million people, are covered by...more

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