Tips for Conducting a Trade Secret Assessment with Rob Jensen
Daily Compliance News: July 11, 2025, The What is a COI Edition
The USDOJ Antitrust Division’s Compliance Guidance
4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
Trade Secret Litigation: The Power of Protection
Non-Compete Agreements: An Endangered Species?
Webinar | Negotiating with Goliath: How Startup GCs Can Navigate Power Differentials in Contracting
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast
Navigating the FTC’s Proposed Rule Banning Non-Competes
The Speak Out Act and Compliance Programs
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Law Brief®: Rich Schoenstein and David Kleinmann Discuss FTC's Proposed Noncompete Ban
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses
Update and Discussion on Legal and Practical Issues
Joint development, or “teaming agreements” regularly anticipate one party disclosing trade secret subject matter to its counterparty to facilitate the joint development effort. While most JDAs involve companies with distinct...more
Imagine getting your hands on the ultimate creator cheat code — the behind-the-scenes playbook MrBeast uses to dominate YouTube. Now imagine going viral not for using it, but for allegedly walking off with it. That’s exactly...more
When a company is in the process of pursuing a transaction involving the acquisition or merger of another company, one of the first negotiable documents encountered will likely be a non-disclosure or confidentiality agreement...more
Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case...more
Here is what we cover in this issue of The Employment Law Reporter: •A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement...more
The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of...more
A New York Arbitrator’s recent decision invalidating the non-disclosure agreement (“NDA”) signed by former Apprentice star turned White House advisor Omarosa Manigault Newman (“Omarosa”) is a cautionary tale for employers who...more
Although seemingly commonplace, nondisclosure agreements have been subject to increasing litigation in recent years. Businesses often default to using boilerplate NDAs without careful consideration of the specific...more
A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more
Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach...more
SIONYX LLC v. HAMAMATSU PHOTONICS K.K. Before Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the District of Massachusetts. Summary: A party who discloses confidential information pursuant to a NDA...more
In a recent decision granting institution of an inter partes review (IPR), the Patent Trial and Appeal Board reconfirmed that it will not deny an IPR petition just because the parties previously agreed to resolve their...more
California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions...more
Manhattan restaurant Sottolio, Inc., d/b/a Norma Gastronomia Siciliana hired Giuseppe Manco—“a noted Italian pizza chef, or pizzaiolo”—to consult on its menu. At the same time, Manco and his wife purchased a 9% interest in...more
A California federal district court recently granted a temporary restraining order (“TRO”) against a former employee for misappropriating proprietary and confidential information in violation of the Defend Trade Secrets Act...more
The stars of intellectual property law have historically been patents, copyrights and trademarks. Trade secrets have long been legally recognized but only recently have begun to share equal billing. The 2016 passage of the...more
A small, Chicago-based magnetic picture frame developer’s claims for trade secret misappropriation against a photo album manufacturer will be headed to trial after an Illinois federal district court largely denied the...more
A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more
The Texas Court of Appeals, Third District, issued an opinion in Tejas Vending, LP, et al. v. Tejas Promotions, LLC further delineating the applicability of Texas’s anti-SLAPP statute, the Texas Citizens Participation Act...more
A few years ago, our firm defended a client against a claim of patent infringement. As it turned out, our client had disclosed its confidential information to a potential business partner during a pre-collaboration...more
Question: Our company utilizes confidentiality agreements to try to protect our confidential and proprietary information. One of our former sales employees recently left us to work for a competing company. We have evidence...more
The Utah Supreme Court recently issued a significant decision laying out a presumption of harm evidentiary standard in trade secret cases, which will be very useful for plaintiffs seeking injunctive relief in cases involving...more