Fairly Competing

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Fairly Competing, Episode 14: Irreparable Harm in Trade Secret Cases

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.

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 14: Irreparable Harm in Trade Secret Cases

Fairly Competing, Episode 13: Year in Review

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.

So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed to load into your reader, it’s here: Fairly Competing RSS feed.

Fairly Competing, Episode 13: Year in Review

Fairly Competing, Episode 12: Wisk Aero LLC v. Archer Aviation Inc. (How to Avoid Dismissal and Get an Injunction in Trade Secret Cases)

In this episode, John, Ben, and Russell explore an important, extremely well-reasoned, recent decision by U.S. District Court Judge William Orrick in Wisk Aero LLC v. Archer Aviation Inc.

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.

So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed to load into your reader, it’s here: Fairly Competing RSS feed.

Fairly Competing, Episode 12: Wisk Aero LLC v. Archer Aviation Inc. (How to Avoid Dismissal and Get an Injunction in Trade Secret Cases)

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.

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 10: The Supreme Court’s Decision in Van Buren v. U.S. (Computer Fraud and Abuse Act)

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 (Part 2 – Civility)

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 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.

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 7: Trade Secret Roundtable on Developments and Emerging Issues (NERA Economic Consulting, Part 2)

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.

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 6: Trade Secret Roundtable on Developments and Emerging Issues (NERA Economic Consulting Program)

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.

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 5: Litigating Trade Secret and Restrictive Covenant Injunctions, Generally and in the COVID Era

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 4: Protecting Trade Secrets – More Hot Issues

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, Episode 3: Protecting Trade Secrets – Hot Issues

Fairly Competing, Episode 2: The Basics of Noncompete Law, and What Lies Ahead

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. 

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 2

Fairly Competing, Episode 1: The Basics of Trade Secret Law

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. 

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 1