Thomson Reuters Practical Law has released a new edition of “Preparing for Non-Compete Litigation,” a Practice Note co-authored by our colleague Peter A. Steinmeyer of Epstein Becker Green.

Following is an excerpt:

Non-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a non-compete agreement (also referred to as a non-competition agreement or non-compete). It is critical to confirm that there is sufficient factual and legal support before initiating legal action. Filing a complaint for monetary damages or a request for an injunction can backfire if an employer is not prepared with sufficient evidence to support its request. This Note discusses the steps an employer can take to best position itself for successful enforcement of a non-compete and the strategic considerations involved with initiating non-compete litigation. In particular, it discusses:

  • Best practices for investigating a suspected violation and gathering relevant evidence.
  • Key steps for evaluating the likelihood a court will enforce a non-compete.
  • Factors to consider before initiating legal action.
  • The options for enforcing a non-compete through legal action and the key decisions relevant to each option.

Click here to download the full Note in PDF format.

David Clark, contributor to this blog and Senior Counsel at Epstein Becker Green, is featured on Employment Law This Week, discussing the Defend Trade Secrets Act of 2016 (DTSA).

Under the DTSA, employers can now sue in federal court for trade secret misappropriation. Though there is some overlap with the Uniform Trade Secrets Act—adopted in some version by 48 states—the DTSA marks a notable change in how these cases are litigated, creating a federal civil cause of action. The new law contains broad whistleblower protections and new requirements for employers to give notice of these protections.

View the episode below and a Thomson Reuters Practical Law Q&A co-authored by Mr. Clark with Peter Steinmeyer.

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (“DTSA”), which became effective immediately. The DTSA provides the first private federal cause of action for trade secret misappropriation, and it allows parties to sue in federal court for trade secret misappropriation—regardless of the dollar value of the trade secrets at issue.

Although the DTSA’s remedies largely overlap with those in the 48 states that have adopted some version of the Uniform Trade Secrets Act, the DTSA will nevertheless significantly alter how trade secret misappropriation cases are litigated. Additionally, the DTSA has broad whistleblower protections, and it requires that employers provide certain notices of these whistleblower protections in employment-related agreements that govern trade secrets or other confidential information entered into or amended after May 11, 2016.

For more information concerning the impact of the DTSA on employers, please see our “Q&A” on this topic, published by the Practical Law Company.

We are pleased to announce that an updated version of our guide, “Non-Compete Laws: Illinois,” is now available in PDF format. The updated guide reflects the recent decision of the Illinois Supreme Court in Reliable Fire Equipment Company v. Arredondo, et al., which resolved several years of confusion over the appropriate standard for enforcing non-compete agreements in Illinois. The guide is part of a series of guides written and published by our firm, EpsteinBeckerGreen, and the Practical Law Company.

The national law firm of EpsteinBeckerGreen, in conjunction with the Practical Law Company, recently wrote and published a statewide guide on the trade secrets laws of Connecticut.

Trade Secret Laws: Connecticut” is written by David S. Poppick of EpsteinBeckerGreen in a “question and answer” format, addressing trade secret and confidentiality laws affecting employers and employees. The focus is on the legal requirements related to protecting trade secrets and confidential information.

“Trade Secret Laws: Connecticut” is the latest in a line of similar guides which EpsteinBeckerGreen and the Practical Law Company have published, regarding non-compete laws of Illinois, Massachusetts, New Jersey and Connecticut, and trade secrets laws of the District of Columbia, Illinois, Massachusetts, and New Jersey. See our prior posts here and here regarding those guides.
 

The national law firm of EpsteinBeckerGreen, in conjunction with the Practical Law Company, recently wrote and published statewide guides on the trade secret laws of Illinois, Massachusetts, and New Jersey.

These guides, which were written by EpsteinBeckerGreen’s attorneys in a "question and answer" format, address trade secret and confidentiality laws affecting employers and employees. They focus on the legal requirements related to protecting trade secrets and confidential information.

Here is a list of the aforementioned guides which are now available:

• "Trade Secret Laws: Illinois" – written by Zachary C. Jackson and David J. Clark

• "Trade Secret Laws: Massachusetts" – written by Barry A. Guryan

• "Trade Secret Laws: New Jersey" – written by James P. Flynn and Amy E. Hatcher

These guides follow an earlier group of similar guides which EpsteinBeckerGreen and the Practical Law Company published regarding non-compete laws of Illinois, Massachusetts, New Jersey and Connecticut, and trade secrets laws of the District of Columbia.
 

Peter Steinmeyer and I are pleased to announce that our guide, “Non-Compete Laws: Illinois,” written with Christie Tate, is now available in PDF format. See below for more information about this series of guides written and published by our firm, EpsteinBeckerGreen, and the Practical Law Company:

EpsteinBeckerGreen, in Conjunction with Practical Law Company, Wrote and Published Statewide Guides on Non-Compete and Trade Secret Laws

The national law firm of EpsteinBeckerGreen, in conjunction with the Practical Law Company, recently wrote and published statewide guides on the non-compete laws of Illinois, Massachusetts, and New Jersey and on the trade secret laws of the District of Columbia.

These guides, which were written by EpsteinBeckerGreen’s attorneys in a "question and answer" format, address non-compete agreements, or trade secret and confidentiality laws, between employers and employees. The three non-compete law guides focus on enforcement and drafting considerations for restrictive covenants, such as post-employment covenants not to compete and the non-solicitation of customers and employees. The trade secret law guide focuses on the legal requirements related to protecting trade secrets and confidential information.

Here is a list of the aforementioned guides:

• "Trade Secret Laws: District of Columbia" – written by Kara M. Maciel and George B. Breen

• "Non-Compete Laws: Illinois" – written by Peter A. Steinmeyer, David J. Clark, and Christie Tate

• "Non-Compete Laws: Massachusetts" – written by Barry A. Guryan

• "Non-Compete Laws: New Jersey" – written by James P. Flynn and Amy E. Hatcher

Guides for Connecticut, Maryland, and Virginia, as well as a guide regarding Illinois Trade Secrets, will be published soon.

Update: “Non-Compete Laws: Connecticut" – written by David S. Poppick – is now available.