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Non-Compete and Trade Secrets Blog

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...

Sometimes the most useful law in a non-compete case can come from court decisions that have nothing to do with non-competes. Read on for more about adhesion contracts and forum selection clauses.

If an employers sends a demand letter outlining the non-compete obligations of its former employee, and the new employers fires the employee, will the former employer be liable for tortious interference? Read on to see what one federal court recently concluded.

This post discusses how to protect your company’s trade secrets so that in the event of employee misappropriation, you will be in the best possible position to succeed in litigation. This post provides guidance on how to implement a proactive corporate program to protect trade secrets from improper and unauthorized access or disclosure, and discusses the forensic steps you can take to catch an employee stealing your company’s trade secrets.

Judges have discretion to decide motions for TROs and preliminary injunctions on the papers. But when should they hold a hearing?

In a recent decision, the U.S. Court of Appeals for the 1st Circuit explained that explained that employers have a right to enforce valid non-solicitation agreements, and “[t]hat right cannot be thwarted by easy evasions, such as piquing customers' curiosity and inciting them to make the initial contact with the employee's new firm.”

It is clearly important for employers to do their level best to draft enforceable restrictive covenants, but the fact of the matter is that some judges are going to invalidate them no matter what. Companies should not feel compelled to modify their contract every time a new opinion comes out by another trial court with a creative reason supporting the court's desire to find the contract unenforceable.

Many companies have employees located in states across the country. Drafting restrictive covenants for employees in all of these locations can be a daunting task. Some companies opt for a one-size-fits-all approach, but here is an alternative.

The market for medical devices is intensely competitive, perhaps second only to the market for top notch medical device sales reps. Litigation is expensive, distracting, emotionally draining, and certainly unappreciated by clients. Mediation is an alternative that can save parties precious time and resources.

February 2013 was an active month in the world of non-competes and trade secrets, and if we read the tea leaves, it looks like things are only going to get busier.

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