Catching up with AIPLA Presidents and Executive Director about Trade Secrets (Fairly Competing, Episode 18)
For the American Intellectual Property Law Association’s 125th Anniversary, John and Russell (both former chairs of the AIPLA Trade Secret Law Committee) and Ben (the current chair) went on the road to talk to the current AIPLA President, Brian Batzli, immediate past-President, Patrick Coyne, and Executive Director, Vince Garlock, at this year’s AIPLA Annual Meeting in Washington, D.C. We caught up about their experience with the AIPLA and the AIPLA’s Trade Secret Law Committee, and the importance of trade secret law more generally and its place with other forms of intellectual property. Enjoy the conversation!
Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Episode 17)
When an employee leaves for a competitor, it’s not uncommon for the former employer to investigate whether the employee took information on the way out the door. But, a recent case from the Georgia Court of Appeals, Patel v. Duke Hospitality LLC, highlights some limits on what the former employer can do.
As Ben discusses in a recent article about the case, “Employers often assume they are empowered to exercise broad discretion when investigating employee computer misconduct, especially when employees are suspected of using company emails or computers to engage in the misconduct. However, employers should be aware of potential liability that could arise from their digital investigations and monitoring of employee computer and email use.”
In this episode, John, Ben, and Russell discuss how the teachings of the Patel v. Duke Hospitality LLC case affect what employers can and cannot do when they suspect misappropriation by a departing employee.
The Key to Seeking and Defending Against Temporary Restraining Orders (Fairly Competing, Episode 16)
Temporary retraining orders (called, “TROs”) are a staple of trade secret and restrictive covenant litigation. In this episode, John, Ben, and Russell discuss what you need to know when you are either seeking or defending against a TRO in a trade secret or noncompete case.
In this episode, John, Ben, and Russell discuss the requirement of irreparable harm for injunctive relief in trade secret disputes through a discussion with special guest Vicki Cundiff, one of the true deans of the trade secret bar.
In this episode, John, Ben, and Russell take a look back on some of the more significant developments in trade secret and restrictive covenant law over the past year, and try to give some insight into what to expect in the coming year.
Fairly Competing, Episode 12: Wisk Aero LLC v. Archer Aviation Inc. (How to Avoid Dismissal and Get an Injunction in Trade Secret Cases)
The case offers an object lesson about preliminary injunctions in trade secret cases, highlighting that it’s no longer safe to assume you will get a preliminary injunction simply because a former employee downloaded 5,000 documents — even if he invokes the 5th Amendment… well, at least in California — and, as we discuss, probably beyond California too. But, good news: Your case probably won’t be dismissed. We explain all of this through an examination of the decision, why the court came out as it did, what it signals, and what we can learn from it.
In this episode, John, Ben, and Russell explore the ins and outs of mediating trade secret disputes through a discussion with special guest James Pooley, one of the true deans of the trade secret bar.
Fairly Competing, Episode 10: The Supreme Court’s Decision in Van Buren v. U.S. (Computer Fraud and Abuse Act)
In this episode, John, Ben, and Russell explore the Supreme Court’s decision in Van Buren v. U.S., narrowly interpreting the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 — and what it means for protecting proprietary electronic materials.
Fairly Competing, Episode 9: Litigating Trade Secret Cases Generally and Post-COVID (Part 2 – Civility)
This episode continues our discussion about litigating trade secret cases generally and post-COVID, this time with a focus on the reasons for the lack of civility in trade secret and restrictive covenant cases — and what to do about it.
This episode covers litigating trade secret cases — including expedited discovery, depositions, protective orders, and hearings on motions for temporary restraining orders and preliminary injunctions — generally and post-COVID.
Fairly Competing, Episode 8: Litigating Trade Secret Cases Generally and Post-COVID
Fairly Competing, Episode 7: Trade Secret Roundtable on Developments and Emerging Issues (NERA Economic Consulting Program, Part 2)
This episode is a departure from our usual. We are making available (through this episode and the last) Trade Secret Roundtable on Developments and Emerging Issues, a program presented by NERA Economic Consulting at which John, Ben, and Russell were panelists, along with Dr. Stephanie Demperio and Vicki Cundiff.
In our last episode, part one of the program, we covered what satisfies the reasonable efforts requirement and considerations in early case assessment, including when and how to involve an expert.
In today’s episode, part two of the program, we cover how the COVID-19 pandemic has impacted trade secret litigation and new developments in noncompete legislation and the expected impact on trade secrets litigation.
Fairly Competing, Episode 6: Trade Secret Roundtable on Developments and Emerging Issues (NERA Economic Consulting Program)
This episode is a departure from our usual. We are making available (through this episode and the next) Trade Secret Roundtable on Developments and Emerging Issues, a program presented by NERA Economic Consulting at which John, Ben, and Russell were panelists, along with Dr. Stephanie Demperio and Vicki Cundiff.
The program covers emerging issues in trade secrets litigation, including what satisfies the reasonable efforts requirement; considerations in early case assessment, including when and how to involve an expert; how the COVID-19 pandemic has impacted trade secret litigation; and new developments in noncompete agreements and the expected impact on trade secrets litigation.
Fairly Competing, Episode 5: Litigating Trade Secret and Restrictive Covenant Injunctions, Generally and in the COVID Era
This episode covers the standards that apply and issues that arise when seeking or defending against an injunction in a trade secret or restrictive covenant case, and how they’ve been impacted by COVID. We also discuss the “Unicorn Case” and whether geographic restrictions make sense anymore.
This episode covers two additional hot topics in trade secret and noncompete law, particularly during COVID-19: protecting trade secrets through technologies like Zoom (a close look at Smash Franchise Partners, LLC v. Kanda Holdings, Inc.) and the importance of exit interviews and how to manage the departure of remote workers.
This episode covers two hot topics in trade secret and noncompete law, particularly during COVID-19: employee surveillance and protecting legitimate business interests when an employee’s employment is terminated without cause.
This episode is all about level setting: making sure everyone knows what noncompetes and other restrictive covenants are, how they are enforced, how the laws have been changing, and what legislative and regulatory changes we can expect to see on both the state and federal levels in the near future.
This episode is all about level setting: making sure everyone knows what a trade secret is, what you can and cannot do with trade secrets, where the greatest threats to trade secrets lie, how trade secrets are protected, and the laws that apply.
We are pleased to announce Fairly Competing — a show providing in-depth analysis of trade secret law and the law of noncompetes and other restrictive covenants for a broad audience. Whether you’re a business owner, CEO, in-house counsel, HR executive, or other employee, or a new lawyer or advanced practitioner, join your hosts, Ben Fink, John Marsh, and Russell Beck, for a discussion of the latest trends and hot topics, evolving federal and state laws, key developments, and other emerging issues in trade secrets, noncompetes, and employee mobility in today’s knowledge economy.
We will post all episodes on this blog, or you can follow us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, here it is: https://fairlycompeting.com/category/episode/feed/.
And, because this show is for you, please don’t hesitate to email John, Ben, or me with any topics you’d like to hear us discuss. While we cannot offer legal advice on the show, we can certainly discuss any issues you may be wondering about.