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Articles Posted in Trade Secrets

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Join us at 1 PM ET today (1/9/23) on Zoom to discuss the FTC’s new proposed noncompete ban

On Thursday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. I wrote about it on Friday and spent the weekend reading all 216 pages of the official “Non-Compete Clause Rule Notice of Proposed Rulemaking.” So, let’s discuss it on Zoom today. Click here…

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The feds are coming for your company’s noncompete agreements, old and new. You need to read THIS!

Yesterday, the Federal Trade Commission proposed a new rule prohibiting employers from imposing noncompetes on their workers. When I shared the news on LinkedIn, someone commented, “Yeah, bold move FTC…” And I was like, “Bold move is wearing seersucker before Memorial Day. This is MINDBLOWINGLY HUGE!” Folks, it’s only January…

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Here’s another reason why enforcing a non-compete can be so darn expensive

I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. When these cases advance to court, most are about one thing: getting an injunction to stop a former employee from…

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Jury awards $2,036,860,045 for misappropriation of trade secrets. Yes, over $2 billion!

Yesterday, a tech company announced that a Virginia jury had awarded it the biggest damages award in state court history. It was an employment case. Hopefully, I have your attention. According to the plaintiff’s press release, the jury heard evidence that the defendant hired an employee of a government contractor to…

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It’s 2022. Time for an employee handbook update. Start by adding the word “TikTok.”

A little over five years ago, TikTok, the social networking platform where users post videos ranging in length from 15 seconds to three minutes, was born. Now, I know that it’s hard to keep up with technology. But if your employee handbook doesn’t specifically reference TikTok — and I’m not…

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Yep, President Biden ordered the FTC to curtail private companies from using of non-competes.

Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0, via Wikimedia Commons I warned — didn’t I? — you that President Biden was preparing to tell the Federal Trade Commission to either ban or curtail private employers from using non-competition agreements. On Friday morning, the White House…

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Wait, WHAT?!? Is President Biden planning to ban private employers from using non-competes?

Image by Clker-Free-Vector-Images from Pixabay So much for my blog servers getting a much-needed Friday rest. On Wednesday, White House Press Secretary Jen Psaki held a press gaggle aboard Air Force One en route to Crystal Lake, IL. About halfway through her prepared remarks, she dropped this bomb on employers:…

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What do adult toys and X-rays have to do with protecting trade secrets?

Image by Tayeb MEZAHDIA from Pixabay I’ve been revising a lot of NDAs recently — not to be confused with N.W.A.s. Although, sometimes, I do listen to N.W.A. while updating nondisclosure agreements. My curious legal listening habits notwithstanding, there is a practical employment law point I’d like to make here.…

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What do restrictive covenants have to do with COVID-19? More than you think.

Image Credit: Maialisa (pixabay.com) Remember back in January, when I told you that restrictive covenants would be the most significant employment law issues for employers in 2020? Well, boy, was I wrong! COVID-19 has locked up this year’s title. However, in light of the coronavirus pandemic, the Federal Trade Commission…