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Non-Compete and Trade Secrets Blog

On Feb. 24, 2017, at the University of Denver, come join Fisher Phillips attorneys and a prominent of practitioners and state and federal judges at the first ever conference on the new Defend Trade Secrets Acts (DTSA), which became effective in mid-2016.

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could outsmart her.

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover compensatory damages, punitive damages, and attorneys’ fees.  However, in the midst of celebrating this new federal cause of action, many employers are overlooking a requirement embedded deep within the statute. 

Does your company have employees located in multiple jurisdictions across the United States? Are you concerned that your restrictive covenants are not enforceable in all of these jurisdictions? If so, you're not alone.  Multistate employers need to consider the dangers of “one-size-fits-all” covenants.  The Association of Corporate Counsel's Docket just published a detailed article addressing this very question.  Click here to learn how to navigate the analysis required to ensure your covenants will hold up in a multistate environment.

Congress is at it again, introducing legislation that would create a federal cause of action for trade secret misappropriation. But this time, support is not only bipartisan, it is bicameral. Read on to get the details.

When employees resign to join a competitor, care should be taken to avoid common mistakes that may give rise to litigation. Here are some things to keep in mind.

When an employee resigns to join a competitor, it is important to respond promptly. Odds are that the employee has been orchestrating his or her departure for weeks or months. The security of your trade secrets and/or customer relationships may have already been compromised. It is important to act quickly. Here are some things to keep in mind.

On March 10, 2014, FINRA filed proposed Rule 2243 with the SEC. The proposed rule would require firms and registered reps to disclose certain financial incentives offered to reps in connection with a change in employment and would require firms to report information concerning the same subject to FINRA. I spoke about the proposed rule this morning at SIFMA's C&L Annual Seminar in Orlando. Following are the most frequently asked questions concerning the ...

Should non-competes that preclude an employee from working for a competitor "in any capacity" be unenforceable in all circumstances?

A federal court recently dismiss a trade secret case because the plaintiff failed to allege more than a possibility that the defendant was using its trade secrets. To learn more about what level of proof is required to assert a trade secret claim, read on...

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