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Non-Compete and Trade Secrets Blog

Posts from April 2018.

Many defendants attempt to defend against claims of trade secret misappropriation by asserting that they never actually used or disclosed the information at issue. Based on a recent ruling by a federal district court in New York, however, that defense may sometimes be insufficient to defeat the claim. This ruling is the latest in a series of court decisions recognizing that merely acquiring a trade secret through improper means is enough to violate the Defend Trade Secrets Act.

Non-compete agreements are an essential instrument in many employers’ toolkits. But what happens to these agreements when an employee is laid off or let go due to economic downturn? In a small subset of states, such conditions could render non-compete agreements unenforceable.

In an age of high digital mobility in which a company’s most valuable competitive asset is often their digital playbook data, email enterprise vaults, anti-deletion programming and key stroke surveillance software are a must to protect a company’s most valuable trade secret information.

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