Businesses routinely group customer data, pricing models, internal processes, and strategic plans under the “trade secret” umbrella without much analysis. That shorthand works until litigation, at which point the difference...more
Employee departures are common. Legal disputes arising from those departures are not. When claims do arise, they almost always focus on conduct occurring before the employment relationship ends, not the resignation itself....more
Last week, the U.S. Court of Appeals for the Seventh Circuit issued a significant decision in Next Payment Solutions, Inc. v. CLEAResult Consulting, Inc., a case that offers important lessons for executives overseeing...more
Competition is a constant in every industry, but it doesn’t often raise legal concerns. Most companies win business through better pricing, stronger relationships, or more effective service. The problems begin when a...more
Many businesses underestimate how much of their internal information may qualify as a trade secret. While companies often associate trade secrets with formulas, code, or highly technical data, the scope of protection is much...more
Every business has something that gives it a competitive edge—a process, client list, formula, or strategy that sets it apart. Protecting that information is not only essential to maintaining an advantage in the market but is...more
*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
8/21/2024
/ Chevron Deference ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Loper Bright Enterprises v Raimondo ,
New Rules ,
Non-Compete Agreements ,
SCOTUS ,
Trade Secrets ,
Uniform Trade Secrets Acts
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
8/19/2024
/ Chevron Deference ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Loper Bright Enterprises v Raimondo ,
New Rules ,
Non-Compete Agreements ,
SCOTUS ,
Trade Secrets ,
Uniform Trade Secrets Acts