News & Analysis as of September 18, 2024

Confidentiality Agreements

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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 -

The FTC noncompete ban is dead. Here are five steps employers should take now.

Constangy, Brooks, Smith & Prophete, LLP on 8/23/2024

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more

What Should Employers Be Doing Now to Best Protect Their Business Interests?

Epstein Becker & Green on 6/28/2024

Part 3 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the final installment of our three-part series discussing employers’ most frequently asked questions in...more

Life After The FTC Ban: Alternatives To Non-Competes

Hendershot Cowart P.C. on 6/14/2024

The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the...more

Protecting Your Business: Practical Tips To Keep Your Trade Secrets Secret

Felicello Law PC on 5/15/2024

Everyone is talking about the new rule approved by the Federal Trade Commission on April 23 (published on May 7 and set to take effect – pending legal challenges – on September 4, 2024 ). It is referred to as the...more

What Claims are Related to Trade Secret Claims?

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/8/2024

What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality...more

Re-Evaluating Trade Secret Policies After FTC Adopts Rule Banning Non-Compete Agreements

Axinn, Veltrop & Harkrider LLP on 4/24/2024

Today, the U.S. Federal Trade Commission (“FTC”) adopted a final rule (3-2) banning new non-compete agreements for both senior executives and non-senior executives. Companies may continue to enforce existing non-compete...more

Confidentiality Violations in the UAE: Legal Implications for Employees

Awatif Mohammad Shoqi Advocates & Legal... on 1/2/2024

Introduction: The protection of confidential information is an important aspect of employer-employee relationships, and the UAE has established comprehensive laws to address violations of confidentiality clauses. This...more

Time to Revisit Your Confidentiality Agreement

Fox Rothschild LLP on 12/27/2023

As you surely know by now, non-compete and non-solicit agreements, and related provisions in settlement or other types of agreements, will be even more heavily scrutinized in California in 2024. So enough about what you...more

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law

Seyfarth Shaw LLP on 11/8/2023

Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

[Podcast]: In a World Without Non-Competes

Proskauer - Law and the Workplace on 11/7/2023

In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor &...more

When Competition Crosses the Line, Level the Playing Field with Unfair Competition Litigation

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/10/2023

By now almost everyone has read about or experienced the “great resignation” and its unprecedented levels of employee turnover. With that increased worker mobility, there has been a surge in unfair competition litigation,...more

New York May Ban Non-Competes as Bill Awaits Governor’s Signature

Kohrman Jackson & Krantz LLP on 7/17/2023

New York may join several other states that have essentially banned post-employment non-compete agreements, including California, Minnesota, North Dakota, and Oklahoma. Governor Kathy Hochul is considering a bill that was...more

Confidentiality, Non-Solicitation, and Non-Competes: The NLRB Takes Another Swing at Contractual Relationships

Dentons on 6/16/2023

As discussed in prior Iowa Employment Law Insights articles, the National Labor Relations Board (NLRB) in McLaren Macomb addressed issues of the rights of employees to organize under Section 7, fundamentally limiting...more

FTC’s Proposed Non-Compete Ban Timeline Set Back After Thousands Submit Public Comments

ArentFox Schiff on 6/15/2023

Earlier this year, the Federal Trade Commission (FTC) proposed a rule that would, with limited exceptions, bar employers from using employee non-compete agreements and require rescission of existing non-compete agreements....more

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Bradley Arant Boult Cummings LLP on 6/15/2023

Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and...more

Can Law Firms Prohibit Attorneys from Soliciting or Servicing Clients Because of Trade Secret Misappropriation?

Foley & Lardner LLP on 6/13/2023

As we recently highlighted, trade secret misappropriation lawsuits brought by law firms against departing attorneys are not a new phenomenon, but the number and intensity have increased over recent years. Our last...more

Minnesota Non-compete Ban Signed into Law

Lathrop GPM on 6/7/2023

On May 24, 2023, Governor Walz signed off on Minnesota legislation prohibiting employers from entering into non-compete agreements with employees or independent contractors. How will this new law affect your business? What...more

Highlights from the 2023 Hot Topics in Employment Law Seminar

Miles & Stockbridge P.C. on 5/4/2023

Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 21st annual Hot Topics in Employment Law seminar April 25 to clients from throughout Maryland and beyond. Topics covered included...more

How to Stop Former Employees From Stealing Your Clients

Hendershot Cowart P.C. on 5/2/2023

Don’t just sit by and watch in alarm as a former employee, contractor, or competitor poaches your clients. Texas law protects valuable trade secrets from misuse and misappropriation – including client lists. These protections...more

Franchisor 101: Court Hits Brakes on Former Franchisees

Lewitt Hackman on 4/28/2023

An Ohio appellate court upheld the state trial court’s decision to grant a permanent injunction against two former franchisees of an auto body shop franchise working for a competitor in violation of the franchise agreement’s...more

No More Non-Competes

Holland & Hart LLP on 4/19/2023

In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements...more

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Parker Poe Adams & Bernstein LLP on 4/7/2023

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

Client Alert: Stakeholders Speak Out During Webinar on FTC’s Proposed Rule Banning Noncompetes

Jenner & Block on 3/7/2023

Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more

Texas Court of Appeals Affirms Summary Judgment in Physician Staffing Case Citing Lack of Damages Evidence

Seyfarth Shaw LLP on 1/17/2023

On January 4, 2023, the Dallas Court of Appeals in Texas affirmed a summary judgment in a trade secrets physician staffing case that stands as a warning to practitioners regarding (1) what constitutes sufficient damages...more

Federal Trade Commission Proposes Banning Noncompete Clauses for Workers

Morgan Lewis on 1/9/2023

The Federal Trade Commission (FTC) announced a notice of proposed rulemaking (NPRM) on January 5, 2023, that would ban employers from entering into and maintaining noncompete clauses with their workers. With this potential...more

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