Trading Secrets

DECEMBER 23, 2021

The letter also points out the limitations in prior research that suggested—perhaps erroneously—that non-competes hamper innovation and growth, and highlights the “correlation implies causation” fallacy often associated with negative views of restrictive covenants (including the unproven theory that non-competes suppress wages).

Publishing 52

Publishing Marketing Marketing 52

LexBlog IP

JULY 30, 2021

Russell’s letter addresses a wide range of topics and I would commend those with interest in this area to read it. That letter, drafted by Russell Beck, lays out multiple grounds for concern about the FTC asserting itself in an area traditionally addressed by state legislatures.

Blogging 52

Blogging Intellectual Property 52

LexBlog IP

DECEMBER 23, 2021

While we agree that non-competes can be used inappropriately, especially with low-wage workers or where sprung upon employees with virtually no ability to review or consider their impact, many non-competes have beneficial effects for companies and workers alike.

Publishing 52

Publishing Marketing Marketing Intellectual Property 52

LexBlog IP

DECEMBER 22, 2021

Going back to October 2016, President Barack Obama issued a “State Call to Action on Non-Compete Agreements” to “address wage collusion, unnecessary non-compete agreements, and other anticompetitive practices.” Takeaways from the Workshop. The Workshop was heavy on theory and light on concrete proposals.

Marketing 52

Marketing Marketing Contracts Government 52

Trading Secrets

DECEMBER 29, 2022

The court reasoned that indirect use can be inferred from the timing of a defendant employee’s hire, deception in the employee’s departure, the corporate defendant’s lack of experience in the industry, low financial investment, and quick success.

Confidentiality 59

Confidentiality Business Law Contracts 59

Trading Secrets

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. See VA Hiring Enhancement Act ( H.R.3401

Contracts 52

Contracts Law Government Reporting 52

LexBlog IP

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. See VA Hiring Enhancement Act ( H.R.3401

Contracts 52

Contracts Law Government Reporting 52