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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.
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!
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
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.