2020 brought with it a bevy of new challenges for companies of all sizes in every industry, not the least of which was protecting trade secrets and confidential information in the face of newly remote workforces. 2021 brings with it new hope and the promise of a return to “normalcy”—whatever that may mean in this changed world. But companies must remain vigilant about protecting their trade secrets and confidential information. As we enter the new…

Many companies have enacted new remote working policies, plans, and procedures, often without much thought given to the protection of trade secrets and proprietary information. Indeed, in their haste to provide work-from-home resources and accessibility, some companies are apparently loosening their security standards to allow faster and more convenient access for employees. Apart from any internal threat, there are bad actors taking advantage of the current situation. Relaxed security make systems and information far more…

In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an arbitration award, examining the arbitrator’s findings, and ultimately invalidating a confidentiality provisions in an employment agreement under Business and Professions Code section 16600 on the grounds that they operated as a “de facto noncompete provision” and were “void ab initio and unenforceable.” The court’s decision, upholding the state’s long-standing policy in favor of…

As we previously reported, President-elect Biden has issued a “Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions” on his website, and it includes a statement that his incoming administration purportedly plans to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets.” It is unclear what “narrowly defined category of trade secrets” this would encompass, but…

President-elect Joe Biden has issued a “Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions” on his website, and it includes an interesting statement about what his incoming administration purportedly intends to do about non-compete and no-poach agreements:…

On December 14 at 9:00 a.m. Central, Seyfarth partner J. Scott Humphrey is presenting “Trade Secrets in the Financial Services Industry,” a webinar for LawPracticeCLE. The webinar will include an overview of the types of restrictive covenants and trade secret protections commonly found in the financial services industry, a discussion of the Protocol for Broker Recruiting, examples of trade secret audits, and best practices that a firm can engage in when protecting trade secrets and…

On Tuesday, December 8 at 1 p.m. Eastern, Seyfarth partner and Trade Secrets, Computer Fraud & Non-Competes practice co-chair Robert Milligan is presenting “Negotiating Enforceable Noncompetition and Non-Solicitation Agreements: Compliance with State Statutes and Case Law,” a 90-minute CLE webinar for Strafford. The webinar will discuss current legislative and case law trends regarding non-compete and non-solicitation agreements, offer best practices for structuring enforceable contracts, and explain how to determine whether existing agreements are lawful. The…