News & Analysis as of

Trade Secrets Anti-Competitive Former Employee

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 -
Stark & Stark

Employee’s Duty of Loyalty to Employer

Stark & Stark on

While everyone is undoubtedly aware that an employee is not lawfully permitted to steal from his/her employer, the next logical question concerns what specifically are an employee’s legal obligations during their course of...more

Akerman LLP - HR Defense

Biden Order: Consider a Federal Rule on Non-Competes

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

McDermott Will & Emery

Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation

McDermott Will & Emery on

Addressing a bench trial decision concerning a former employee’s retention of confidential information and violation of a non-compete provision, the US Court of Appeals for the Fourth Circuit found no abandonment of the...more

Womble Bond Dickinson

Defend Trade Secrets Act: Recent Developments Raise Questions About Inadvertent Disclosure

Womble Bond Dickinson on

The Defend Trade Secrets Act (“DTSA”), signed into law last year by President Obama, revolutionized intellectual property law by creating a new civil cause of action permitting trade secret owners to sue for misappropriation...more

Mintz - Intellectual Property Viewpoints

The DTSA and Inevitable Disclosure

A recent decision in the Northern District of Illinois gave life to the inevitable disclosure doctrine under the Defend Trade Secrets Act. Inevitable disclosure is a common law doctrine by which a court can prevent a former...more

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