Noncompete provisions continue to be governed by a constantly changing patchwork of state level legislation. In general, recent laws tend to limit their use among low wage earners or individuals in certain professions, such...more
4/10/2025
/ Corporate Counsel ,
Employees ,
Employment Contract ,
Healthcare ,
New Legislation ,
New Regulations ,
Non-Compete Agreements ,
Physicians ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that...more
Earlier this year, a federal district court judge in the Western District of North Carolina declined to award “bad faith” attorney’s fees under the Defend Trade Secrets Act (DTSA).
See Design Gaps, Inc. v. Hall, No....more
As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers.
ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been...more
4/30/2024
/ Audits ,
Confidential Information ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Nonprofits ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
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
3/13/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Cybersecurity ,
Damages ,
Department of Justice (DOJ) ,
Employment Contract ,
Enforcement ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Former Employee ,
Intellectual Property Protection ,
New Legislation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
Earlier this month, a federal judge in the Eastern District of Michigan overturned a jury verdict of nearly $105 million against Ford Motor Company for breach of contract and misappropriation of trade secrets. Finding that...more
In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we provided background on trade secret laws and...more
Last week, the US Court of Appeals for the Eleventh Circuit affirmed a $2 million jury verdict against Boeing in a breach of contract suit by Alabama Aircraft Industries, Inc. (AAI), a former government contracting partner,...more
In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
3/8/2021
/ Anti-Raiding ,
Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
The Copyright Act ,
Trade Secrets
Although most trade secrets litigation takes place in federal or state courts, another forum for redress is the US International Trade Commission (the ITC). The ITC is renowned for the speed with which it moves its docket...more
The MUTSA became effective on October 1, 2018. It largely tracks the language of the Uniform Trade Secrets Act (UTSA).
In a case of first impression, the District of Massachusetts considered whether the recently enacted...more
On August 20, 2020, the US Court of Appeals for the Seventh Circuit affirmed a $140 million jury verdict in a published opinion reiterating the important role of unjust enrichment damages in compensating victims of trade...more
In today’s Digital Era, where employee mobility is commonplace, businesses are more exposed than ever to trade secret theft by employees. As businesses move toward the complete digitization of information, lawyers involved in...more
6/26/2020
/ Bad Faith ,
Circumstantial Evidence ,
Contempt ,
Default Judgment ,
Defend Trade Secrets Act (DTSA) ,
Discovery ,
Evidence ,
Exclusions ,
Forensic Examination ,
Spoliation ,
Trade Secrets ,
Uniform Trade Secrets Acts
In a recent opinion, the Fairfax Circuit Court deemed unenforceable the non-compete and employee non-solicitation provisions of two doctors who had performed work for the United States Army on behalf of a government...more
3/6/2020
/ Burden of Proof ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Evidentiary Hearings ,
Former Employee ,
Hiring & Firing ,
Job Applicants ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Public Policy ,
Restrictive Covenants ,
Trade Secrets ,
VA Supreme Court
On May 28, 2019, the Maryland Governor permitted (without signature) the Noncompete and Conflict of Interest Clauses Act (the Act) to become law. ...more
7/11/2019
/ Antitrust Injuries ,
Conflicts of Interest ,
Fast-Food Industry ,
Franchisee ,
Low-Wage Workers ,
New Legislation ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Non-Compete Agreements ,
Sherman Act ,
State Labor Laws ,
Trade Secrets ,
Wage and Hour