News & Analysis as of

Defend Trade Secrets Act (DTSA) Unfair Competition

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

Womble Bond Dickinson

FTC Issues New Rule - But Not the Final Chapter - on Non-Competes: What Employers Need to Know

Womble Bond Dickinson on

On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States. It will become effective 120 days after it is published in the Federal Register....more

Fisher Phillips

Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

Fisher Phillips on

The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern...more

Sheppard Mullin Richter & Hampton LLP

One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi

The tension between encouraging free and fair competition and protecting competitive advantages derived from hard work and ingenuity is at the very heart of trade secrets law. Among other things, this tension manifests itself...more

Procopio, Cory, Hargreaves & Savitch LLP

Powerful Remedies Against Trade Secret Misappropriation Abroad Appear Here to Stay

It has now been two years since a U.S. district court issued a ruling providing an additional avenue for U.S. trade secrets owners to take legal action against alleged misappropriation abroad. The decision in the Northern...more

ArentFox Schiff

District of Massachusetts Rules No Preemption Under the MUTSA

ArentFox Schiff on

The MUTSA became effective on October 1, 2018. It largely tracks the language of the Uniform Trade Secrets Act (UTSA). In a case of first impression, the District of Massachusetts considered whether the recently enacted...more

McAfee & Taft

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

McAfee & Taft on

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

Baker Donelson

The New Landscape for Non-Compete Law in 2019 and Beyond

Baker Donelson on

For years, employers have relied on the use of restrictive covenants to protect their companies from unfair competition by former employees and competitors. Original published in Maryland State Bar Association Section of...more

McAfee & Taft

Ruling offers guidance for companies seeking injunctions to protect trade secrets

McAfee & Taft on

Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more

Seyfarth Shaw LLP

10th Circuit Affirms that Employer Failed to Show How Past Harm Signified Future Irreparable Harm in Support of Preliminary...

Seyfarth Shaw LLP on

On December 28, 2018, a three-judge panel of the Tenth Circuit Court of Appeals affirmed the holding by the U.S. District Court for the District of Colorado denying the plaintiff’s, DTC Energy Group, Inc. (“DTC Energy”),...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Dickinson Wright

Gaming & Hospitality Legal News: Volume 11, Number 2 - The More Things Change, The More They … Change: Recent Developments In...

Dickinson Wright on

Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and...more

Fish & Richardson

Series: Defend Trade Secrets Act | Stopping Further Leaks: Protecting Trade Secrets While Litigating Misappropriation

Fish & Richardson on

Trade secrets derive their commercial value from being secret. When trade secrets are misappropriated, litigation may be necessary to stop a competitor from exploiting them in the marketplace. Yet litigating...more

Seyfarth Shaw LLP

California Federal Court Finds CUTSA Preemption on Unfair Competition Claim in Uber Row

Seyfarth Shaw LLP on

Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more

Dorsey & Whitney LLP

Uber Hits a Bump in the Road with Its Self-Driving Technology with Alleged Trade Secret and Patent Violations

Dorsey & Whitney LLP on

In February, Waymo LLC, formerly Google’s self-driving car development company, sued Uber Technologies, Inc. and others in federal court in San Francisco for, among other things, violations of the Defend Trade Secrets Act of...more

Jackson Lewis P.C.

White House Continues Attack on Non-Compete Agreements

Jackson Lewis P.C. on

“State Call to Action on Non-Compete Agreements” is the White House’s latest in a series of Executive Branch missives decrying the purported misuse of non-competition agreements by employers across the country....more

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