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Trade Secrets & Restrictive Covenants: 2024 Recap, 2025 Outlook (Fairly Competing, Episode 27)
In this episode, recorded on January 3, 2025, John, Ben, and Russell take a look back on some of the more significant developments in trade secret and restrictive covenant law in 2024, and try to give some insight into what to expect in 2025. We discuss the FTC’s noncompete ban, extraterritoriality of the Defend Trade Secrets Act, damages in trade secret cases, legislative changes to state noncompete laws, noteworthy cases from various states and the Third Circuit, and other issues and predictions.
So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
Litigation Funding with Guest, Stephanie Southwick (Fairly Competing, Episode 26)
Trade secret litigation is expensive. But oftentimes trade secret owners do not have the resources to pay for litigation necessary to protect their rights.
Enter: litigation funding.
Litigation funding can level the playing field and provide the resources necessary for the trade secret owner to enforce its rights in its trade secrets.
Join John, Ben, and Russell as they talk with Stephanie Southwick of Law Finance Group about how litigation funding works, its pros and cons, and things to know if you or your client is considering funding.
So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
FTC’s noncompete ban is no more. Now what?
On April 23, 2024, the FTC adopted a rule to ban virtually all employee noncompetes. The rule was scheduled to go into effect on September 4, 2024. But 15 days before – on August 20, 2024 – the United States District Court for the Northern District of Texas vacated the rule.
Companies and employees have a reprieve, but they should not let their guard down.
Join John, Ben, and Russell for a discussion of what happened, what to expect going forward, and what companies should do now to protect their trade secrets, confidential information, customer goodwill, and the integrity of their workforce.
Listen to us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
FTC to ban noncompetes: What you need to know
On April 23, 2024, the FTC adopted a rule that bans virtually all employee noncompetes. The rule is scheduled to go into effect on September 4, 2024. If that happens, how will companies protect their trade secrets, confidential information, customer goodwill, and the integrity of their workforce?
Join John, Ben, and Russell for a discussion of what the FTC’s noncompete rule will do, when it will go into effect, legal challenges to the rule, and what companies can do to limit the impact of the new rule.
Listen to us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
Preparing for California’s newly expanded noncompete ban and anti-restrictive covenant laws (Episode 23)
On January 1, 2024, California will officially begin exporting its ban on noncompetes, nonsolicits, broad confidentiality agreements, and likely no-recruits to the rest of the country — whether the other states like it or not.
Here’s what happened: This fall (in September and October), California passed two laws that together will: (1) expand the scope of California’s already-sweeping ban on employee noncompetes and other restrictive covenants; (2) export California’s law nationwide to void contracts between non-California residents signed outside of California; (3) require companies to provide notice to their employees and certain former employees that their noncompetes are void; and (4) impose penalties for violations.
According to the legislation, “California’s public policy against restraint of trade law trumps other state laws . . . .”
In this episode, John, Ben, and Russell discuss California’s new laws, what the laws purport to do, and what companies can do to limit the impact of the new laws.
Listen to us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
And if you just can’t get enough, when you are finished listening to the podcast, here is a link to a brainstorming session on the new laws with over 40 of the leading trade secret / restrictive covenant / employee mobility lawyers from around the country: Responding to California’s New, Expanded, Anti Restrictive Covenant Laws.
(Episode 23)
Guest Starr Discusses The Research Behind the FTC’s Proposed Noncompete Ban (Fairly Competing, Episode 21)
The FTC’s proposed ban on noncompete agreements (and other “de facto” noncompetes) relies in large part of the research of University of Maryland’s Robert H. Smith School of Business Professor Evan Starr — one of the leading scholars in the field.
Join John, Ben, and Russell as they talk with Professor Starr about the strengths and weakness of his research, key insights he has into other research in the field, and an important working paper of HEC Paris Professor Jessica Jeffers, The Impact of Restricting Labor Mobility on Corporate Investment and Entrepreneurship.
So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
The FTC just proposed a ban on noncompetes with virtually no exceptions. And, they have placed nondisclosure agreements and other restrictive covenants squarely in the crosshairs.
Join John, Ben, and Russell as they take a look at the FTC’s proposed ban on noncompetes, how we got here, what the proposed rule would do and when, the potential practical and legal problems with it, the opportunity to provide comments to the FTC about it, what employers should do in the interim to protect their trade secrets and customer goodwill, and predictions on where this all goes.
So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
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!
So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
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.
So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
Fairly Competing, Episode 8: Litigating Trade Secret Cases Generally and Post-COVID
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.
So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
Fairly Competing, Episode 8: Litigating Trade Secret Cases Generally and Post-COVID
Fairly Competing, Episode 4: Protecting Trade Secrets – More Hot Issues
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.
You can follow us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
Fairly Competing, Episode 3: Protecting Trade Secrets – Hot Issues
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.
You can follow us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.
Fairly Competing 