Thomson Reuters Practical Law has released the 2022 update to “Non-Compete Laws: Illinois,” a Q&A guide to non-compete agreements between employers and employees for private employers in Illinois, co-authored by our colleagues Peter Steinmeyer and David Clark, Members of the Firm in the Employment, Labor & Workforce Management practice.

Continue Reading Illinois Non-Compete Laws: Q&A for Employers, 2022 Update

Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:

When faced with trade secret misappropriation, employers must decide how to proceed. In this episode, hear some tips on how and why employers might choose to refer the matter for criminal investigation.

Continue Reading Spilling Secrets Podcast: When Trade Secret Misappropriation Goes Criminal

Perhaps we were wrong. Or perhaps we were just not thinking creatively enough. After President Biden issued his “Executive Order on Promoting Competition in the American Economy,” in which he “encourage[d]” the Federal Trade Commission (FTC) to “consider” exercising its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” we assumed that Lina Khan, the 33-year-old Biden-appointed Chair of the FTC (and a vocal opponent of noncompetes), would take the torch and propose a Rule prohibiting, or at the very least severely limiting, the use of noncompetes. And she may still do so.

Continue Reading Companies That Use Noncompetes Face Increased Risk of Government Action Following FTC’s Unilateral Expansion of Its Enforcement Powers

Thomson Reuters Practical Law has released an update to “Trade Secret Laws: Connecticut,” a Q&A guide to state law on trade secrets and confidentiality for private employers in Connecticut, co-authored by our colleagues David S. Poppick and Carol J. Faherty, attorneys at Epstein Becker Green.

Continue Reading Connecticut Trade Secret Laws: 2022 Update

Thomson Reuters Practical Law has released the 2022 update to “Non-Compete Laws: Massachusetts,” a Q&A guide to non-compete agreements between employers and employees for private employers in Massachusetts, authored by our colleagues David J. Clark and Erik Weibust, attorneys at Epstein Becker Green.

Continue Reading Massachusetts Non-Compete Laws: 2022 Update

It is no secret that the Department of Justice (DOJ) has been largely unsuccessful in the criminal no poach cases it has brought to trial to date. Its most public loss came with the acquittals earlier this year of DaVita, a dialysis company, and certain of its executives in the District of Colorado. DOJ also lost at trial in another high-profile case in the Eastern District of Texas involving a physical therapy staffing company (although it secured a conviction against a company executive for obstruction of justice). But DOJ has pressed on, claiming victories at the motion to dismiss stage. Indeed, following its recent trial losses, Assistant Attorney General Jonathan Kanter, who leads the DOJ’s antitrust division, had this to say:

Continue Reading DOJ Secures Its First No-Poach Win with a Guilty Plea by a Healthcare Staffing Firm

Employers with employees in the District of Columbia have until Monday, October 31, 2022, to comply with a specific notice provision contained in the D.C. Non-Compete Clarification Amendment Act of 2022 (B24-0256) (the “Amendment”).

Continue Reading D.C. Employers: Have You Complied With the Non-Compete Clarification Amendment Act?

Epstein Becker Green is proud to sponsor the American Intellectual Property Law Association’s (AIPLA) 2022 Trade Secret Summit in Miami, FL on December 8-9, 2022. The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities.

Erik Weibust, Member of the Firm, is the outgoing-Chair of the AIPLA Trade Secret Committee and will speak on a panel entitled “Protecting AI-generated Inventions as Trade Secrets.” Eddie Loya, Member of the Firm, will be speaking on a panel entitled “Criminal and Government Investigations of Trade Secret Theft.”

Other topics will include:

  1. Legislative Updates
  2. Best Practices for Trade Secret Identification in Litigation;
  3. The Changing Shape of Trade Secret Trials: What You Need to Know to Prepare and Try Today’s Trade Secret Cases;
  4. Arbitration of Noncompete and Trade Secrets Disputes;
  5. Recent Innovations in Trade Secret Protection Technologies and Forensics;
  6. Damages in Trade Secret Cases; and
  7. Exploring the Contours of What is a Trade Secret: A Deep Dive on Confidential Information vs. Trade Secrets, Employee’s General Skill and Knowledge vs. an Employer’s Trade Secrets, and the Role of Trade Secrets in the Enforcement of Restrictive Covenants.

CLE credits will be available. Additional information and registration details can be found here.

We hope to see you there!

Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:

Non-compete agreements are generally unenforceable against lawyers, but there are some exceptions. In this episode, hear about employer options for restrictive covenants, including non-competes, non-solicits, and confidentiality agreements, for both in-house and outside lawyers.
Continue Reading Spilling Secrets Podcast: Non-Compete Agreements for In-House and Outside Lawyers

It’s no secret that the U.S. Postal Service (USPS) has been struggling financially for well over a decade. One means of combatting its struggles has been to contract with third-party resellers to market USPS services and drive customers to it. Indeed, just one of those resellers, Express One, delivered over $3 billion in revenue to the USPS in the past 12 months alone. Although the annual operating budget of the USPS is $77 billion, $3 billion is still real money—especially since the USPS suffered losses of $6.9 billion last year.

Continue Reading Neither Snow nor Rain nor Heat nor Gloom of Night . . . Will Stop the U.S. Postal Service from Stealing Its Contractor’s Trade Secrets?