Fairly Competing

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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.

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 →

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 →

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 →

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.

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 →

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 →

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 →

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 →