News & Analysis as of September 13, 2025

Intellectual Property Protection

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

[Event] Employee Mobility and Confidential Information: Key Issues to Consider When Onboarding and Offboarding Employees -...

Payne & Fears on 9/4/2025

A company can reduce legal risk by adopting strong policies and procedures when onboarding an employee from a competitor. Similarly, when offboarding, there are several measures companies should consider to prevent theft of...more

Work This Way: A Labor & Employment Law Podcast - Episode 31: Trade Secrets and Protecting Confidential Information with Jennie...

Maynard Nexsen on 9/11/2024

In this episode, our very own Jennie Cluverius sits down with Tina and Christy for part 1 of an in-depth conversation on how employers can protect their most confidential information from misappropriation. Jennie shares her...more

3 Reminders for Employers Mitigating the Risk of Trade Secret Misappropriation in the Face of Mounting Layoffs

Fisher Phillips on 5/9/2023

While economists continue to debate the prospects for a recession, layoffs are impacting employees across the U.S., and not just in the technology sector. Given the greater potential for trade secret misappropriation in the...more

Steps Employers Can Take Before a Reduction in Force to Help Protect Trade Secrets

Littler on 3/14/2023

Layoffs are here and with them comes an often-overlooked threat: trade secret misappropriation. Thousands of tech workers have been laid off over the last year, and 61% of business leaders say their organizations will likely...more

[Ongoing Program] Hiring from the Competition in a High-Risk, High-Reward Labor Market - January 25th, 12:00 pm - 12:30 pm ET

Blank Rome LLP on 1/17/2022

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: The Defend Trade Secrets Act - Five Years After

BakerHostetler on 10/26/2021

The Defend Trade Secrets Act: Five Years After is episode two of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more

Five Policies to Help Avoid “Unforced Errors” By New Hires That May Lead To A Trade Secrets Misappropriation Claim

Payne & Fears on 7/2/2021

Company new hires sometimes commit “unforced errors” when departing one company and joining another, leading to trade secrets disputes with the prior employer that could have been prevented by following basic rules and...more

[Webinar] Both Sides of the Coin: Protecting Your Own Workforce and Trade Secrets from Potential Raiders, and Minimizing...

Epstein Becker & Green on 5/6/2021

The nation is beginning to see the light at the end of the pandemic tunnel. Employees who have been working from their kitchen tables for 12 months are starting to look toward greener pastures. Protecting against the risks of...more

Workplace Confidential: Preventing Former Employees from Using Your Trade Secrets

Mintz - Intellectual Property Viewpoints on 8/24/2020

Most trade secret cases involve allegations that a former employee is using a company’s confidential information at a new job or their own business. Given that reality, and the workforce disruptions caused by the coronavirus...more

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law for 2019 & 2020

Seyfarth Shaw LLP on 2/27/2020

Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more

Securing Against Trade Secret Pitfalls and Dangers Arising From Employee Mobility Situations

Farella Braun + Martel LLP on 10/8/2019

Picture this: Your company is in a highly competitive industry with several leading players heavily supported by major corporate investors and/or venture capital funds. The market is expected to generate potentially hundreds...more

Worried About Trade Secret Poaching? Check in With Your Third-party Service Providers

Orrick - Trade Secrets Group on 7/25/2019

Hiring external contractors is common practice in the fast-paced tech-industry where talent is scarce and in high-demand, but such a practice can expose a company’s most valuable IP to the confidentiality measures, or lack...more

Tattoo artists’ war over customers sparks lawsuit

McAfee & Taft on 3/22/2019

Ever been frustrated by a former employee unfairly using your confidential business information and trying to take your customers? As it turns out, tattoo artists have trade secrets, too. Keith “Bang Bang” McCurdy is the...more

Protecting Your Trade Secrets: Implementing an Effective Exit Protocol

Cozen O'Connor on 3/15/2019

We have previously posted on HR Headaches about the practical steps employers can take to protect their company’s trade secrets. ...more

HR Toolkit Series, Part 4 - Protecting Proprietary Information and Trade Secrets

Holland & Knight LLP on 10/1/2018

In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more

4 Tips to Protect Trade Secrets and Confidential Information When Terminating Employees

Polsinelli on 9/18/2018

Employers may face risks of departing employees, particularly involuntarily terminated employees, taking the employer’s confidential information or trade secrets with them when they leave. ...more

California District Leads Nation in Trade Secret Litigation

Holland & Knight LLP on 8/27/2018

A recent report from Lex Machina, an IP litigation research company, shows that the United States District Court for the Central District of California had more trade secret lawsuits in the last decade than any other district...more

Five Tips for Protecting Your Company’s Trade Secrets

Cozen O'Connor on 8/9/2018

Protecting your trade secrets and proprietary information is a vital part of your business. Every company needs to have policies and agreements in place to prevent employees from stealing property, and wrongfully soliciting...more

UK Adopts New Trade Secret Regulations: Are Your Trade Secrets Protected?

Littler on 8/6/2018

Imagine you’ve just found out that one of your ex-employees has joined a competitor and has shared your most important trade secret with them. What legal protection do you have?...more

At Long Last, Non-Compete Legislation: Massachusetts Finally Passes Non-Compete Bill After Nearly a Decade

Seyfarth Shaw LLP on 8/3/2018

This week, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session....more

Don’t Worry, Your Secret is Safe With Me

Fisher Phillips on 4/16/2018

Many defendants attempt to defend claims for trade secret misappropriation by claiming that they never used or disclosed the information in question. Based on a recent ruling by a federal district court in New York, however,...more

Protecting Important Assets of your Growing Business: The Value of Non-Compete Agreements and Trade Secret Protection

Ward and Smith, P.A. on 3/22/2018

You have a great idea for a product or service and dream of putting that idea to work by starting a business. Once your dream has become reality, however, and your business starts to grow, it will not be successful for very...more

Recent Illinois Developments in Employee Non-Compete and Trade Secret Enforcement Actions: What Every Employer Should Know

Franczek P.C. on 7/31/2017

Over the past several months, state and federal courts in Illinois have issued several important decisions that will impact employers’ efforts to enforce post-employment restrictive covenants and protect their trade secrets....more

Watch for the Fox in Your Henhouse: Gig Companies at Risk

Fisher Phillips on 3/30/2017

Intellectual property threats (IPT) to companies participating in the gig economy may be greater than those experienced by traditional business. While this may seem self-evident to some, reflection on the matter confirms to...more

How Employment Agreements Can Protect An Employer's Intellectual Property And Defend Against Claims of Misappropriation

Burr & Forman on 1/17/2017

At approximately 4.6%, the current national unemployment rate is lower than it has been since before the 2008 recession. Generally speaking, this means that companies are hiring new employees. While hiring new employees is...more

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