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Social Media Update: Massachusetts Court Holds Mere Posting of New Position...

As employers continue to sort out the legal implications of social media in the context of restrictive covenants, a Massachusetts court has recently held that the mere posting of a former employee’s...

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New Michigan Bill Seeks to Ban All Employment Non-Competes and Restrictive...

Legislative efforts to ban non-competes in Massachusetts and Minnesota have garnered lots of media attention over the past year or so, and now, a Michigan legislator has introduced a bill seeking a...

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Does the Defend Trade Secrets Act Contain a Potential Roadblock for...

When moving to enforce a non-compete, the last thing a litigator wants to do is to stumble out of the gates and struggle over a profound legal issue that could delay consideration of that normally...

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Monthly Wrap Up (June 16, 2017): Noteworthy Trade Secret, Non-Compete and...

Given the increasing number and quality of fine posts about trade secret, non-compete and cybersecurity issues, I am resurrecting my regular updates post  (although it will be monthly rather than...

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Monthly Wrap Up (July 31, 2017): Noteworthy Trade Secret and Non-Compete...

Here are the noteworthy trade secret, restrictive covenant and cybersecurity posts from the past month or so: The Defend Trade Secrets Act The U.S. District Court for the Eastern District of Texas has...

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Can A Website Provider Use A “Clickwrap” Agreement to Enforce A Non-Compete?

A recent decision by U.S. District Court for the Northern District of Illinois addresses a very timely and novel question:  can a website provider enforce the equivalent of a covenant not compete...

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Monthly Wrap Up (Sept. 8, 2017): Noteworthy Trade Secrets, Non-Compete and...

Here are the noteworthy trade secret, restrictive covenant and cybersecurity posts from the month of August (warning, there are a lot): Defend Trade Secrets Act Munger Tolles’ Miriam Kim, Carolyn...

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A Well-Drafted Indemnity And Garden Leave Thwart A Non-Compete In New York

Employers who want to hire from a competitor frequently have to contend with the potential fallout from the new employee’s non-compete.  Any misstep in that hiring process can easily lead to costly and...

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Monthly Wrap Up (May 8, 2018): Noteworthy Trade Secret and Non-Compete Cases,...

As you will see, I have changed the format of my monthly wrap up post in two ways.  First, I am going to start including links to noteworthy decisions that I come across or are forwarded to me....

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Whose Customer Is It Anyway? The Sixth Circuit Further Clouds New York’s...

Most employee restrictive covenant disputes arise as a result of an employer’s concern about the potential loss of customer relationships and customer goodwill.  These disputes generally involve sales...

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Back to the Future: Do Restrictive Covenant Cases from the 2008 Recession...

The economic carnage unleashed by the COVID-19 virus has disrupted virtually every industry in the United States.  At last count, more than 38 million workers had lost their jobs and made claims for...

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Fairly Competing – Episode 2: The Basics of Noncompete Law, and What Lies Ahead

In this episode, Ben Fink, Russell Beck, and I provide some basics on what noncompetes and other restrictive covenants are, how they are enforced, how the law involving these agreements has been...

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The Biden Executive Order Seeking to Curtail Non-Competes: Why It May Be Bad...

As he promised during the 2020 presidential campaign, President Joe Biden issued an Executive Order on Friday that directs the Federal Trade Commission (FTC) to curtail the use of unfair non-competes...

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Fairly Competing, Episode 13: Year in Review

Sooooo I am just a wee bit late with this one.  Episode 13 of Fairly Competing is out and has been for some time!  In this episode, Ben, Russell  and I take a look back on some of the more significant...

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Monthly Wrap Up (October 5, 2022): Noteworthy Trade Secret and Restrictive...

And away we go: Noteworthy Defend Trade Secrets Act Cases, Federal Trade Secrets Opinions and Related Commentary: If an employer presents specific evidence that former employees emailed, printed out or...

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It’s Official: The Federal Trade Commission Seeks to Ban Noncompetes and...

Earlier today, the Federal Trade Commission announced it has issued a proposed rule banning noncompetes. This development should come as no surprise since President Biden issued an executive order in...

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Monthly Wrap Up (January 9, 2023): Noteworthy Trade Secret and Restrictive...

December was unusually busy and 2023 started with a bang courtesy of the Federal Trade Commission’s (FTC) proposed rule banning noncompetes.  Here are the noteworthy cases and posts from last month,...

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The FTC’s Proposed Ban on Noncompetes: Everything you need to know but were...

As many of you know from my post last week, the Federal Trade Commission (FTC) just proposed a ban on noncompetes with virtually no exceptions. And, the FTC has also placed nondisclosure agreements...

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Guest Professor Evan Starr Discusses the Research behind the FTC’s Proposed...

The FTC’s proposed ban on noncompete agreements (and other “de facto” noncompetes such as overly broad nondisclosure agreements) relies in large part on the research done by University of Maryland’s...

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Monthly Wrap Up (March 12, 2023): Noteworthy Trade Secret and Restrictive...

Here are the noteworthy cases, articles and posts from last month, along with several DTSA cases from January that didn’t make it into last month’s update: Notable Defend Trade Secrets Act and Federal...

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