Fairly Competing

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A show providing in-depth analysis of trade secret law and the law of noncompetes and other restrictive covenants for a broad audience. Whether you’re a business owner, CEO, in-house counsel, HR executive, or other employee, or a new lawyer or advanced pr

Russell Beck, Ben Fink & John Marsh


    • Jan 18, 2025 LATEST EPISODE
    • monthly NEW EPISODES
    • 39m AVG DURATION
    • 21 EPISODES


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    Latest episodes from Fairly Competing

    Trade Secrets & Restrictive Covenants: 2024 Recap, 2025 Outlook (Fairly Competing, Episode 27)

    Play Episode Listen Later Jan 18, 2025 52:40


    In this episode, recorded on January 3, 2025, John, Ben, and Russell take a look back on some of the more significant developments in trade secret and restrictive covenant law in 2024, and try to give some insight into what to expect in 2025. We discuss the FTC's noncompete ban, extraterritoriality of the Defend Trade … Continue reading →

    Litigation Funding with Guest, Stephanie Southwick (Fairly Competing, Episode 26)

    Play Episode Listen Later Oct 20, 2024


    Trade secret litigation is expensive. But oftentimes trade secret owners do not have the resources to pay for litigation necessary to protect their rights. Enter: litigation funding. Litigation funding can level the playing field and provide the resources necessary for the trade secret owner to enforce its rights in its trade secrets.  Join John, Ben, and Russell as they … Continue reading →

    FTC’s noncompete ban is no more. Now what?

    Play Episode Listen Later Aug 24, 2024


    On April 23, 2024, the FTC adopted a rule to ban virtually all employee noncompetes. The rule was scheduled to go into effect on September 4, 2024. But 15 days before – on August 20, 2024 – the United States District Court for the Northern District of Texas vacated the rule. Companies and employees have … Continue reading →

    FTC to ban noncompetes: What you need to know

    Play Episode Listen Later May 11, 2024 50:19


    On April 23, 2024, the FTC adopted a rule that bans virtually all employee noncompetes. The rule is scheduled to go into effect on September 4, 2024. If that happens, how will companies protect their trade secrets, confidential information, customer goodwill, and the integrity of their workforce? Join John, Ben, and Russell for a discussion … Continue reading →

    Preparing for California's newly expanded noncompete ban and anti-restrictive covenant laws (Episode 23)

    Play Episode Listen Later Dec 26, 2023 44:05


    On January 1, 2024, California will officially begin exporting its ban on noncompetes, nonsolicits, broad confidentiality agreements, and likely no-recruits to the rest of the country — whether the other states like it or not. Here's what happened: This fall (in September and October), California passed two laws that together will: (1) expand the scope … Continue reading →

    Time to Amend the DTSA

    Play Episode Listen Later May 1, 2023 32:46


    In 2016, Congress passed the Defend Trade Secrets Act (the “DTSA”). The vote was unanimous in the Senate and 410:2 in the House. President Obama signed it on May 11, 2016. Codified at 18 U.S.C. § 1836, et seq., the DTSA created a federal private right of action for trade secret owners to sue for the … Continue reading →

    house barack obama congress senate amend defend trade secrets act dtsa
    Guest Starr Discusses The Research Behind the FTC's Proposed Noncompete Ban (Fairly Competing, Episode 21)

    Play Episode Listen Later Feb 4, 2023 70:17


    The FTC's proposed ban on noncompete agreements (and other “de facto” noncompetes) relies in large part of the research of University of Maryland's Robert H. Smith School of Business Professor Evan Starr — one of the leading scholars in the field. Join John, Ben, and Russell as they talk with Professor Starr about the strengths … Continue reading →

    Exploring the FTC's Proposed Ban on Noncompetes (Fairly Competing, Episode 20)

    Play Episode Listen Later Jan 12, 2023 50:32


    The FTC just proposed a ban on noncompetes with virtually no exceptions. And, they have placed nondisclosure agreements and other restrictive covenants squarely in the crosshairs. Join John, Ben, and Russell as they take a look at the FTC's proposed ban on noncompetes, how we got here, what the proposed rule would do and when, … Continue reading →

    2022 Year In Review (Fairly Competing, Episode 19)

    Play Episode Listen Later Dec 29, 2022 30:44


    Happy Holidays! Join John, Ben, and Russell as they take a look back on some of the more significant developments in trade secret and restrictive covenant law from the past year and what to be expecting in the coming year. They discuss recent criminal prosecutions for use of no-poach agreements, legislative changes to state noncompete … Continue reading →

    Catching up with AIPLA Presidents and Executive Director about Trade Secrets (Fairly Competing, Episode 18)

    Play Episode Listen Later Nov 4, 2022 34:23


    For the American Intellectual Property Law Association's 125th Anniversary, John and Russell (both former chairs of the AIPLA Trade Secret Law Committee) and Ben (the current chair) went on the road to talk to the current AIPLA President, Brian Batzli, immediate past-President, Patrick Coyne, and Executive Director, Vince Garlock, at this year's AIPLA Annual Meeting in Washington, D.C. We caught up about their experience with the AIPLA and the AIPLA's Trade Secret Law Committee, … Continue reading →

    Don't go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Episode 17)

    Play Episode Listen Later Oct 10, 2022 27:33


    When an employee leaves for a competitor, it's not uncommon for the former employer to investigate whether the employee took information on the way out the door. But, a recent case from the Georgia Court of Appeals, Patel v. Duke Hospitality LLC, highlights some limits on what the former employer can do. As Ben discusses … Continue reading →

    The Key to Seeking and Defending Against Temporary Restraining Orders (Fairly Competing, Episode 16)

    Play Episode Listen Later Jul 28, 2022 44:36


    Temporary retraining orders (called, “TROs”) are a staple of trade secret and restrictive covenant litigation. In this episode, John, Ben, and Russell discuss what you need to know when you are either seeking or defending against a TRO in a trade secret or noncompete case.   So, come join us on Spotify or Apple Podcasts. Or, if you're just looking for the … Continue reading →

    Fairly Competing, Episode 15: Cease and Desist Letters

    Play Episode Listen Later May 1, 2022 36:55


    In this episode, John, Ben, and Russell discuss what to do when you receive a cease and desist letter, including how to prepare for it and how to respond to it.   So, come join us on Spotify or Apple Podcasts. Or, if you're just looking for the feed, it's here: Fairly Competing RSS feed.

    Fairly Competing, Episode 14: Irreparable Harm in Trade Secret Cases

    Play Episode Listen Later Mar 16, 2022 30:42


    In this episode, John, Ben, and Russell discuss the requirement of irreparable harm for injunctive relief in trade secret disputes through a discussion with special guest Vicki Cundiff, one of the true deans of the trade secret bar. So, come join us on Spotify or Apple Podcasts. Or, if you're just looking for the feed, it's here: Fairly Competing … Continue reading →

    Fairly Competing, Episode 13: Year in Review

    Play Episode Listen Later Dec 24, 2021 48:24


    In this episode, John, Ben, and Russell take a look back on some of the more significant developments in trade secret and restrictive covenant law over the past year, and try to give some insight into what to expect in the coming year. So, come join us on Spotify or Apple Podcasts. Or, if you're just looking for … Continue reading →

    Fairly Competing, Episode 12: Wisk Aero LLC v. Archer Aviation Inc. (How to Avoid Dismissal and Get an Injunction in Trade Secret Cases)

    Play Episode Listen Later Oct 17, 2021 41:01


    In this episode, John, Ben, and Russell explore an important, extremely well-reasoned, recent decision by U.S. District Court Judge William Orrick in Wisk Aero LLC v. Archer Aviation Inc. The case offers an object lesson about preliminary injunctions in trade secret cases, highlighting that it's no longer safe to assume you will get a preliminary injunction … Continue reading →

    Fairly Competing, Episode 11: Mediating Trade Secret Disputes

    Play Episode Listen Later Aug 6, 2021 32:00


    In this episode, John, Ben, and Russell explore the ins and outs of mediating trade secret disputes through a discussion with special guest James Pooley, one of the true deans of the trade secret bar. So, come join us on Spotify or Apple Podcasts. Or, if you're just looking for the feed, it's here: Fairly Competing RSS feed.

    Fairly Competing, Episode 10: The Supreme Court's Decision in Van Buren v. U.S. (Computer Fraud and Abuse Act)

    Play Episode Listen Later Jul 24, 2021 24:45


    In this episode, John, Ben, and Russell explore the Supreme Court's decision in Van Buren v. U.S., narrowly interpreting the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 — and what it means for protecting proprietary electronic materials. So, come join us on Spotify or Apple Podcasts. Or, if you're just looking for the feed, it's here: Fairly … Continue reading →

    Fairly Competing, Episode 9: Litigating Trade Secret Cases Generally and Post-COVID (Part 2 – Civility)

    Play Episode Listen Later Jun 27, 2021 26:14


    This episode continues our discussion about litigating trade secret cases generally and post-COVID, this time with a focus on the reasons for the lack of civility in trade secret and restrictive covenant cases — and what to do about it. So, come join us on Spotify or Apple Podcasts. Or, if you're just looking for the feed, it's … Continue reading →

    Fairly Competing, Episode 8: Litigating Trade Secret Cases Generally and Post-COVID

    Play Episode Listen Later Jun 13, 2021 40:53


    This episode covers litigating trade secret cases — including expedited discovery, depositions, protective orders, and hearings on motions for temporary restraining orders and preliminary injunctions — generally and post-COVID. So, come join us on Spotify or Apple Podcasts. Or, if you're just looking for the feed, it's here: Fairly Competing RSS feed. Fairly Competing, Episode 8: Litigating Trade Secret … Continue reading →

    Fairly Competing, Episode 7: Trade Secret Roundtable on Developments and Emerging Issues (NERA Economic Consulting Program, Part 2)

    Play Episode Listen Later May 17, 2021 30:10


    This episode is a departure from our usual. We are making available (through this episode and the last) Trade Secret Roundtable on Developments and Emerging Issues, a program presented by NERA Economic Consulting at which John, Ben, and Russell were panelists, along with Dr. Stephanie Demperio and Vicki Cundiff. In our last episode, part one … Continue reading →

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