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: Continue Reading Will Biden Ban Non-Competes?

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 client relationships.

For more information and to register for the webinar, see LawPracticeCLE’s website.

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 panel will discuss the following topics:

  • What are the recent legislative changes impacting restrictive covenants?
  • What are the recent case law decisions affecting non-compete and non-solicitation agreements?
  • How can employers structure restrictive covenants to comply with new laws and decisions?
  • How can employment counsel analyze existing agreements for compliance?

For more information and to register for the program, see the Strafford website.

On Monday, the Supreme Court finally heard oral argument in Van Buren v. United States, a case that will determine once and for all the scope of the Computer Fraud and Abuse Act. Continue Reading “So” Long, Circuit Split: SCOTUS Hears Oral Argument on Computer Fraud and Abuse Act Case

Seyfarth partner and co-chair of the Trade Secrets, Computer Fraud & Non-Competes practice group is presenting at Sandpiper Partners’ “Trade Secrets Theft: Civil Litigation and Criminal Prosecution” panel on December 2.

The program brings together judges, in-house counsel, and outside lawyers from across the country. Attendees will learn about the following topics:

  • Overview of trade secret law
  • Trade secret protective measures
  • What to do when there’s been a theft or one is suspected?
  • Avoiding being accused of misappropriation
  • Criminal or civil enforcement or both?
  • Choice of forum
  • Types/sources of evidence
  • Identifying and protecting trade secrets in litigation
  • Discovery in trade secret cases
  • Judicial observations on provisional relief and evidentiary hearings in a pandemic
  • Damages
  • Judicial observations on successful trial strategies in civil trade secret cases, generally and in the age of COVID-19
  • Criminal prosecution of trade secrets theft

On Tuesday, November 17, 2020, at 1 p.m. Eastern, Houston partner Jesse Coleman and Boston partner Erik Weibust are presenting a webinar entitled “Available Remedies for Trade Secret and Restrictive Covenant Cases” for the Federal Bar Association and myLawCLE. Register for the webinar at the myLawCLE website. CLE credits are available, and an on-demand version of the webinar will be available following the live webinar. Below is a description of the program and an outline of the topics covered.


Continue Reading Jesse Coleman and Erik Weibust to Present Webinar on “Available Remedies for Trade Secret and Restrictive Covenant Cases”

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 in California.

The panel will also discuss some recent cases on damages, misappropriation, attorneys’ fees, employee mobility, business to business non-competes, solicitation covenants, and spoliation decisions.  For more information and to register, click here.

Seyfarth partner Erik Weibust was recently named Chair of the Trade Secret Committee for the American Intellectual Property Law Association (AIPLA).

The AIPLA Trade Secret Committee considers the laws, practices, and judicial decisions relating to unfair competition, including the protection of trade secrets and other data maintained in confidence, interferences with contractual relationships, trade libel and slander. The Trade Secret Committee hosts a Trade Secret Summit annually, the largest and most prestigious conference for trade secret practitioners in the country.

Find more information about the AIPLA Trade Secret Committee at

Robert Milligan—Seyfarth partner and co-chair of the Trade Secrets, Computer Fraud & Non-Competes practice group—was recently a speaker for the ABA’s “Annual Review: Key business law developments in bite-size pieces” podcast series. The podcast episode titled “Recent Developments in Employee Mobility, Restrictive Covenants and Trade Secrets” is available on the ABA website at

Seyfarth Trade Secrets attorneys are participating in The Sedona Conference Working Group 12 Annual Meeting, which is being held virtually November 9–10, 2020.

On November 9, Seyfarth Trade Secrets partner Erik Weibust is a panelist for “Tailoring Remedies to the Misappropriation: Equitable Relief, Damages, or Both.” On November 10, Seyfarth partner and Trade Secrets, Computer Fraud & Non-Competes Practice Group Co-Chair Robert Milligan is speaking on the “Leveraging Internal Assets in the Governance and Management of Trade Secrets” panel.

Additional topics at the conference include:

  • Caselaw Synergies: Six Recent Trade Secret Cases Raising Issues for Dialogue Over the Next Two Days
  • Leveraging Internal Assets in the Governance and Management of Trade Secrets
  • Trade Secret Issues Across International Borders
  • Inevitable Tension: Reconciling Public Court Access with Protecting Trade Secrets in Litigation
  • Tailoring Remedies to the Misappropriation: Equitable Relief, Damages, or Both
  • Judicial Roundtable

Find more information or register on The Sedona Conference website at