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Trade Secrets › Pre-Employment 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 -
Kohrman Jackson & Krantz LLP

Protecting Your Company’s Confidential Information: Takeaways from Meta’s Lawsuit Against Its Former Employee

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Meta Platforms Inc., the parent company of Facebook, Instagram, and other products, recently filed a lawsuit in a California state court against a former vice president for allegedly taking confidential information from Meta...more

Proskauer - Minding Your Business

CA Federal Court Awards Biomedical Companies $62M Following Jury Trial Involving Confidentiality-Related Claims

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On November 1, 2023, a jury in the U.S. District Court for the Central District of California awarded damages to Skye Orthobiologics, LLC (“Skye”) and Human Regenerative Technologies, LLC (“HRT”) for breach of contract,...more

Davis Wright Tremaine LLP

Three Investigations Show D.C. AG Is Aggressively Enforcing Ban on Noncompetes

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Employers in the District of Columbia that use noncompete agreements take note: the D.C. Office of the Attorney General ("OAG") is aggressively using its powers to crack down and assess penalties on businesses that violate...more

Harris Beach PLLC

New York Labor Law: Certain Employee Inventions Belong to Employees

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New York’s recent addition of Section 203-f to Labor Law declares unenforceable any provisions in existing and future employment agreements requiring an employee to assign to the employer those inventions developed entirely...more

Seyfarth Shaw LLP

Rival Boston Cider Companies Enter Trade Secret Dispute

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Boston Beer Corporation (“Boston Beer”) recently filed suit seeking monetary and injunctive relief in Massachusetts state court, alleging a former employee and his new employer, the competing alcoholic beverage company...more

Hinshaw & Culbertson - Employment Law...

New York Limits Employee Invention Assignment Provisions

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Governor Kathy Hochul signed a bill into law last month that amended the New York State Labor Law by adding a new section (203-f). The law prohibits any clause in an employment agreement that requires employees to assign...more

McDermott Will & Emery

In Good Hands: Compilation of Publicly Available Information Can Still Be a Trade Secret

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The US Court of Appeals for the First Circuit affirmed a district court decision, finding that a compilation of customer-related information, even if publicly available, is a protectable trade secret. Allstate Insurance Co....more

StoneTurn

Insider Risk and The Protection of Critical Trade Secrets

StoneTurn on

While the global pandemic has highlighted the perils of remote work, decades of collective experience undertaking internal investigations for corporations and their advisors in connection with the misappropriation of...more

Constangy, Brooks, Smith & Prophete, LLP

2 cents on Speak Out, Respect Marriage acts

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The impact on most employers should be minimal. As you've probably heard, President Biden has recently signed into law two measures that could affect employers: The Speak Out Act, and the Respect for Marriage Act....more

Kohrman Jackson & Krantz LLP

Congress Passes Bill Limiting Use of NDAs in Sexual Harassment Cases

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Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment. The Act, which...more

Flaster Greenberg PC

How to Avoid Costly Business Litigation: Tip #6 Use Non-Competition Agreements with Your Employees Sparingly

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...Why should you be cautious about having your employees sign non-compete agreements or other restrictive covenants, as we lawyers call them? After all, non-compete agreements have become favored as a means of protecting...more

Holland & Hart - Employers' Lawyers

Colorado’s New Noncompete Law: Four Steps to Enhance Compliance

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Colorado’s revised noncompete statute takes effect on August 10, 2022. It imposes strict new requirements for noncompete and customer non-solicit agreements. Here are four steps employers can take to ensure compliance with...more

Husch Blackwell LLP

Colorado Cracks Down on Restrictive Covenants

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As anticipated, Governor Polis signed into law last week Colorado’s new limitations on restrictive covenants, which includes noncompetition, nonsolicitation, and confidentiality covenants. ...more

Foley & Lardner LLP

Key Takeaways from AmericaMakes: 2022 RAPID + TCT Additive Manufacturing (3D Printing) Conference

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Industry Insights, Protecting Your Property/Information and Building a Foundation for Compliance with Labor and Employment Laws - On May 17-19, 2022, the AmericaMakes: RAPID + TCT Additive Manufacturing Conference was...more

King & Spalding

D.C. Non-Compete Ban

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D.C. Bans Non-Compete Provisions in Employment Agreements and Employment Policies - The District of Columbia has enacted a law that will prohibit nearly all non-compete agreements between D.C. employers and D.C....more

Seyfarth Shaw LLP

Ten Trade Secret Resolutions to Keep for 2021 and Beyond

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2020 brought with it a bevy of new challenges for companies of all sizes in every industry, not the least of which was protecting trade secrets and confidential information in the face of newly remote workforces. 2021 brings...more

McAfee & Taft

When is hiring a competitor’s employee ‘racketeering’?

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When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more

Epstein Becker & Green

California Court Whittles Down Claims Against StubHub

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After more than three years of litigation and two rounds of extensive discovery, in Calendar Research LLC v. StubHub, Inc., et al., 2:17-cv-04062-SVW-SS, the United States District Court for the Central District of California...more

BCLP

Want to Protect Your Trade Secrets? Update Your Employment Agreements!

BCLP on

Since 2016, the Defend Trade Secrets Act (DTSA) has provided employers with a federal cause of action against employees, former employees and other bad actors who misappropriate trade secrets.  In addition to injunctive...more

Seyfarth Shaw LLP

New Hampshire Governor Bans Non-Compete Agreements for Low-Wage Employees

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On July 11, 2019, Governor Sununu signed S.B. 197 into law. S.B. 197 prohibits an employer from requiring an employee who makes 200% of the federal minimum wage ($14.50) to sign a non-compete agreement restricting the...more

Seyfarth Shaw LLP

California Federal District Court Grants TRO And Preliminary Injunction To Protect Trade Secret Customer Lists

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A California federal district court recently granted a TRO and preliminary injunction against a general manager who allegedly misappropriated customer information from his previous employer in violation of the California...more

Jones Day

Massachusetts Noncompete and Trade Secret Reform Will Have Far-Reaching Impact

Jones Day on

Businesses across the country are feeling the effects of a pair of laws recently enacted in Massachusetts. The "garden leave" clause in Massachusetts' new noncompete law dictates that during the period in which a departed...more

Seyfarth Shaw LLP

Can Attorneys Be Liable For Directing Clients To Breach Non-Competes? One Federal Court Says Maybe

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In a classic example of bad facts creating bad law, a federal judge in Kentucky recently denied a motion to dismiss claims brought against attorneys who allegedly counseled employees to breach a non-compete agreement and...more

Fisher Phillips

California Dreaming: Pennsylvania’s Proposed “Freedom to Work Act” Aims to Join California in Banning Non-Compete Agreements

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Late last year, Pennsylvania legislators introduced House Bill 1938, the “Freedom to Work Act” (the “Act”), an outright ban on “covenant[s] not to compete” in Pennsylvania. Under the Act, “a covenant not to compete is...more

Orrick - Trade Secrets Group

USE IT OR LOSE IT! Enforce Your Arbitration Agreement Or Waive Your Right To Arbitrate Your Trade Secret Misappropriation Claims

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Earlier this month, a federal court in the Middle District of Tennessee denied an employer’s motion to compel arbitration, finding that it waived its right to arbitration by engaging in litigation....more

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