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Time to Amend the Defend Trade Secrets Act
Episode 22 of Fairly Competing is out! In 2016, Congress passed the Defend Trade Secrets Act (the “DTSA”). The vote was unanimous in the Senate and 410:2 in the House. President Obama signed it on May...
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Official Launch of the Trade Secret Training Series (Videos)
“The only thing more expensive than education is ignorance.” – Benjamin Franklin We’ve all heard the stats: Over 50 percent of employees admit stealing company information when they leave for a new...
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FTC Does As Predicted: More Enforcement Actions – Be Ready
At the risk of sounding the alarm bells too often, I am doing it again: The FTC is not going to sit by and do nothing else while it reviews the 26,813 submissions it received in response to its...
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Roundtable: Avoiding the Californication of your noncompetes
We will be hosting a roundtable on November 17, from 1:00 to 3:00 PM ET, about how to plan for California’s new, expanded, anti-restrictive covenant laws. We are scheduled to have almost 50 leading...
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Roundtable on preparing for California’s new, nationwide noncompete ban is...
As everyone reading this likely knows, California will be exporting its ban on noncompetes, nonsolicits, and likely no-recruits to the rest of the country — whether the other states like it or not. On...
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A Primer and Checklist for Protecting Trade Secrets and Other Legitimate...
Hope for the best, plan for the worst. – John Jay The ability to protect trade secrets, other confidential information, customer goodwill, and other legitimate business interests is a difficult task...
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Off-boarding and on-boarding: Critical junctures, significant risks, and easy...
When employees change jobs, everyone is at risk: the employee; the former employer; and the new employer. And this period of transition is when the risks are at their peak. Why? Because employees tend...
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Safe onboarding of employees: Avoid the common pitfalls
Onboarding of employees puts everyone at risk: the employee; the former employer; and the new employer. Why? Because a new job puts employees squarely in a position to use and disclose their former...
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‘Twas the Night Before Leaving
Below is another guest post by ChatGPT. This one is a response to a cease and desist letter, inspired by ’Twas the Night Before Christmas. Backstory In 2019, I described cease and desist letters...
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New Trade Secret and Noncompete Case Growth Graph (Updated January 14, 2024)
Once or twice a year, I update my chart of reported noncompete and trade secrets decisions. Here is the latest (full size). Around the time I started my firm, I became curious to see how many trade...
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