Unfair Competition

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The North Carolina Business Court recently issued a decision that serves as a sharp reminder that California’s hostility to restrictive covenants can reach well beyond its borders—and attempting to enforce a void restriction may itself create liability.

BioSkryb, a North Carolina–based biotechnology company, removed one of its co-founders and former executives, Jason West, in 2024. Shortly thereafter, and following his…

Continue Reading Liability Knows No Borders: BioSkryb and The Extraterritorial Reach of California’s Section 16600.5.
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Dawn Mertineit, Marcus Mintz, and Michael Wexler, co-chairs of Seyfarth’s national Trade Secrets, Computer Fraud, and Non-Competes practice, are among the contributing authors to the Chambers Trade Secrets 2026 Global Practice Guide.

Mertineit, Mintz, and Wexler authored Chapter 13, “USA Trends and Developments,” examining the evolving US legal landscape governing restrictive covenants, trade secret protection, and employee…

Continue Reading Dawn Mertineit, Marcus Mintz, and Michael Wexler Author Chapter on US Trade Secrets Trends in Chambers Global Practice Guide
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As part of Seyfarth’s 2026 Trade Secrets Webinar Series, our panel presented Protecting the House: Trade Secret Risks in Online Gaming, Sportsbooks & Predictive Markets, examining how the rapid expansion of digital wagering platforms is reshaping trade secret risk, regulatory exposure, and competitive strategy.

Michael Wexler, Mitch Robinson, and Bessie Fakhri led a practical discussion for in-house…

Continue Reading Key Takeaways and Access to Webinar Recording – Protecting the House: Trade Secret Risks in Online Gaming, Sportsbooks & Predictive Markets
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As Republicans regain control of the Federal Trade Commission (“FTC”) under the Trump-Vance Administration, employers that looked to maintain and enforce their non-compete agreements with employees may have found solace in the statements of certain FTC Commissioners who vocally opposed the FTC’s nationwide ban on non-compete agreements. However, recent statements by the FTC’s newly-appointed Chair, Andrew Ferguson, along with the…

Continue Reading FTC Launches Joint Task Force to Investigate and Prosecute Non-Compete Agreements, as FTC Chairman declares the GOP a “Workers’ Party”
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2025 Trade Secrets Webinar Series

Tuesday, March 25, 2025
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

REGISTER HERE

About the Program

Artificial intelligence (“AI”) is transforming industries at lightning speed—but with innovation comes risk. As AI reshapes how businesses operate, protecting proprietary AI-related…

Continue Reading Webinar: AI & Trade Secrets – Protecting Your Competitive Edge
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On December 4, 2024, the Federal Trade Commission (“FTC”) ordered building services contractor Guardian Industries, Inc. (“Guardian”) to cease enforcement of no-hire provisions it included in customer service agreements with residential building owners and building management companies, prohibiting the hire of Guardian’s employees.

Guardian, which operates in New York and New Jersey, was on the receiving end of a complaint…

Continue Reading FTC Cracks Down on Use of No-Hire Agreements As Anti-Competitive

On Friday, November 13, 2020, from 12:20 p.m. to 1:20 p.m. Pacific, Seyfarth Partner Robert Milligan will present and moderate a panel for the California Lawyers Association Intellectual Property Law Section Shelter in Place Institute. The “Latest Developments in Trade Secrets Law and Employee Mobility” panel will cover some of the latest developments in trade secrets law and employee mobility…

Continue Reading Robert Milligan to Moderate Panel on Latest Developments in Trade Secrets Law and Employee Mobility at California IP Institute

Cross Posted from Employment Law Lookout.

Seyfarth Synopsis: On October 20, the DOJ and the FTC jointly issued their Antitrust Guidance for HR Professionals, stating that DOJ intends to pursue employers criminally for alleged wage fixing and no-poaching agreements.  

shutterstock_77814403On October 20, 2016, the DOJ and FTC jointly issued their “Antitrust Guidance for Human Resource Professionals.”  The…
Continue Reading HR Professionals Take Note: DOJ and FTC Issue Guidance Regarding Antitrust Laws in the Employment Context

By Robert Milligan and Joshua Salinas

As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all …
Continue Reading Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2013

Counterfeiting and piracy is estimated to cost the U.S. hundreds of billions of dollars every year.  According to the Business Software Alliance, if the U.S. could reduce piracy by 10 percent in two years, it would add $52 billion in GDP, $8 billion in tax revenue, and create more than 25,000 new jobs. California alone is losing an estimated …
Continue Reading A New and Potentially Powerful Weapon Against Foreign Counterfeiters and Pirates