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Trade Secrets › Enforcement

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Jenner & Block

Client Alert: Florida’s New Employer-Friendly Noncompete Law Signals That It’s Open for Business

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While many states recently have enacted laws making it harder for employers to enforce noncompetes, Florida is bucking the trend by enacting some of the strongest noncompete protections in the country. The newly enacted...more

BakerHostetler

[Podcast] Slings and Arrows: Trade Secret Trends Reflect a Need for Safeguards

BakerHostetler on

Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the...more

MoFo Life Sciences

Patents and Trade Secrets in AI and Life Sciences

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This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

Farella Braun + Martel LLP

FAQs: Wine Industry Intellectual Property Protection

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For wineries, managing intellectual property (IP) is crucial to maintaining brand identity and protecting creative investments. While general IP principles apply across many sectors, wineries face unique challenges and...more

Pillsbury Winthrop Shaw Pittman LLP

Virginia Supreme Court Strengthens Protection Against Computer Crimes

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The decision creates an additional tool for protecting corporate information and trade secrets. The Virginia Supreme Court affirmed the trial court’s conviction of Taylor Amil Wallace for computer fraud, with three judges...more

Sunstein LLP

Enforcing a Non-Compete Against a Former Employee in California

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What happens when a senior executive leaves a Massachusetts company, with which he has a non-compete, to go to work for a competitor in California, which forbids most non-competes? This question was front and center when...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU’s 14th Sanctions Package: Compliance Obligations Expand and Exits Are Facilitated

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On 24 June 2024, the European Union (EU) adopted its 14th sanctions package directed against Russia, imposing an asset freeze against an additional 116 individuals and entities and expanding sectoral sanctions targeting key...more

Miles Mediation & Arbitration

Good Riddance? The Uncertain Future of Covenants Not to Compete

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I have a complicated relationship with my favorite Green Day song. Why is a song most often played as the backdrop to graduation videos hoping you “had the time of your life” called, “Good Riddance”? I am similarly...more

ArentFox Schiff

As the (Customs and Trade) World Turns: May 2024

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Welcome to the May 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

Proskauer - Law and the Workplace

Federal Trade Commission Approves Rule Banning Most Noncompetes

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Today the Federal Trade Commission voted 3-2 to approve a Final Rule that, absent a successful legal challenge, will ban most noncompete agreements in the United States beginning 120 days after publication in the Federal...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

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2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

McDermott Will & Schulte

Badgerow Enforced: District Court Lacks Independent Jurisdiction to Enforce Arbitration Award

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The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s arbitration award because the district court lacked proper subject matter jurisdiction, independent from the Federal Arbitration Act...more

Davis Wright Tremaine LLP

Three Investigations Show D.C. AG Is Aggressively Enforcing Ban on Noncompetes

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Employers in the District of Columbia that use noncompete agreements take note: the D.C. Office of the Attorney General ("OAG") is aggressively using its powers to crack down and assess penalties on businesses that violate...more

Harris Beach Murtha PLLC

New York Labor Law: Certain Employee Inventions Belong to Employees

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New York’s recent addition of Section 203-f to Labor Law declares unenforceable any provisions in existing and future employment agreements requiring an employee to assign to the employer those inventions developed entirely...more

Proskauer - Law and the Workplace

[Podcast]: In a World Without Non-Competes

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In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor &...more

Holland & Hart LLP

Minnesota Reforms Law to Ban (Almost) All Noncompete Agreements

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Agreements not to compete have existed as part of the common law for hundreds of years.1 These restraining agreements are designed to reduce economic harm to an employer when a “key” employee departs and are often required at...more

Bass, Berry & Sims PLC

International Trade Enforcement Roundup – May 2023 Update

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May saw several Russia-related enforcement and other actions. The Department of Justice (DOJ) identified and charged three foreign nationals with violating export control laws as they attempted to circumvent Russian...more

Bradley Arant Boult Cummings LLP

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

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Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and...more

ArentFox Schiff

The Five Pitfalls for Employers to Avoid When Exiting Employees

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In today’s competitive employment market, employee resignations are reaching near record-highs. Whether a separation is voluntary or involuntary, employee terminations often happen quickly and involve many moving parts. To...more

Faegre Drinker Biddle & Reath LLP

DC Finally Prunes its Ban on Non-Competes

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When initially enacted in January 2021, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act was one of the broadest non-compete prohibitions in the country.  Its effective date, however, was delayed on...more

Foley & Lardner LLP

Using Upfront IP Licensing to Reduce Future Supply Chain Disruptions

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Companies often enter into supply agreements for component parts that are covered by or produced using a supplier's intellectual property (IP) rights, but do not give enough thought to IP licensing. In the face of supply...more

Foley & Lardner LLP

Employers Beware: Colorado Criminalizes Enforcement of Overbroad Non-Competes

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In keeping with the national trend of aggressively pursuing limitations on or prohibitions against non-competition agreements, the State of Colorado recently enacted first-of-its-kind criminal penalties for employers seeking...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

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The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Porter Hedges LLP

Anticipating President Biden’s Intellectual Property Policy in an Historical Context

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Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington addressed patents....more

Fox Rothschild LLP

Business Court Confirms The “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain A Rarity

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As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, Inc., 2021 NCBC 2, the Court...more

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