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Employers Should Revisit Their Non-Compete Agreements for 2023

In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use...more

President Biden Signs the Protecting American Intellectual Property Act of 2022

On January 5, 2023, President Biden signed the Protecting American Intellectual Property Act of 2022 (“PAIP Act”) into law. The law is designed to shield American businesses from trade secret theft by foreign actors....more

Two Circuit Courts Award Millions in Damages in Trade Secrets Cases, Utilizing Different Valuation Methods

Trade secret law affords plaintiffs flexibility in fashioning a damages calculation. As detailed in the Defense of Trade Secrets Act, remedies can include (1) injunctive relief, (2) damages for the plaintiff’s actual loss,...more

Seventh Circuit Emphasizes the Necessity of a Written Invention Assignment Agreement

In July 2022, the Seventh Circuit issued an opinion making it clear that employers must put in place written invention assignment agreements if they want to ensure ownership of employee inventions...more

Growing Consensus that Trade Secret Claims Must Be Pleaded with Particularity in New York and Elsewhere

Under conventional pleading standards, courts generally allowed plaintiffs to describe their trade secrets with a level of generality when filing a complaint in a trade secret case. It often sufficed for plaintiffs to provide...more

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