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Trade Secrets & Restrictive Covenants: 2025 Recap, 2026 Outlook (Fairly Competing, Episode 28)
In this episode of the Fairly Competing podcast, recorded on December 19, 2025, John, Ben, and Russell take a look back on some of the significant developments in trade secret and restrictive covenant law in 2025, make some predictions about what to expect in 2026, and provide some practical takeaways.
The episode covers the sharp shift in federal noncompete policy, highlighting how the FTC and NLRB moved from pursuing sweeping nationwide bans to a strategy of individualized enforcement actions, with the FTC particularly targeting the healthcare and staffing industries. At the state level, John, Ben, and Russell identify the continuing wave of new legislation — most notably Florida’s “CHOICE Act,” which dramatically strengthened noncompete enforceability, contrasting sharply with stricter trends in states like California, Wyoming, and many others. The discussion then turns to a deep dive into AI-driven trade secret litigation with guest Sarah Tishler, and concludes with a review of high-profile and high-stakes trade secret disputes and their implications for litigation moving forward.
So, come join us on Spotify or Apple Podcasts or YouTube.
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.
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.
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.
Fairly Competing, Episode 15: Cease and Desist Letters
In this episode, John, Ben, and Russell discuss what to do when you receive a cease and desist letter, including how to prepare for it and how to respond to 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.
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