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As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Neil Eisgruber, Director in the Disputes, Compliance & Investigations group at Stout.

For decades, companies have turned to federal courts to protect valuable business assets, such as trade secrets. Legal action has expanded over the years and recent trends have set the foundation for a continuing surge in federal trade secret litigation.…
Continue Reading Trade Secret Litigation: Activity on the Rise

Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law in this area.

1. Another Year, Another Attempt in Congress to Ban Non-Competes Nationwide

Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.) introduced legislation in 2019 entitled the Workforce Mobility Act (“WMA”). The WMA seeks to ban non-compete agreements outside of the sale of a business or dissolution of a partnership.

Not only would the WMA abolish covenants not to compete nationwide, outside of the extremely narrow exceptions highlighted above, but it would also provide the Department of Labor (DOL) and Federal Trade Commission (FTC) with broad enforcement power. If enacted, the legislation would empower the FTC and DOL to enforce the ban through fines on employers who either fail to notify employees that non-compete agreements are illegal or who require employees to sign covenants not to compete. Additionally, the WMA establishes a private right of action for all employees allegedly aggrieved by a violation of the WMA.

The WMA contains a carve out for parties to enter into an agreement to protect trade secrets. As currently drafted, the WMA does not abrogate the scope of protections provided by the Defend Trade Secrets Act.

Presently, there are no generally applicable federal restrictions on non-compete agreements, and enacting such a law would have to pass Constitutional muster. We expect to see continued activity at the federal legislative level to attempt to ban or limit the use of non-competes.

2. New State Legislation Regarding Restrictive Covenants

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Continue Reading Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law for 2019 & 2020

Seyfarth Partner and Trade Secrets, Computer Fraud & Non-Competes Practice Group Co-Chair Katherine Perrelli was recently named a vice-chair of the Trade Secrets and Interferences with Contracts Committee of the American Bar Association Intellectual Property Section.

The Trade Secrets and Interferences with Contracts Committee is focused on issues arising under federal, state, and foreign laws…

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Donal O’Connell, Managing Director of Chawton Innovation Services Ltd.

The Neglected Step-Child of IP

Trade secrets have, up until recently, been somewhat ignored. When I started to pay attention to trade secrets, some of my colleagues and contacts probably thought that I was mad.

After all, trade secrets were not included in many IP educational sessions. The subject rarely came up at IP conferences and seminars. This form of IP was not addressed by most IP Law Firms, even so called full service IP Law Firms. It clearly was not in the ‘job spec’ of many in-house IP Managers or Chief IP Officers.…
Continue Reading The Increasing Importance of Trade Secrets and Trade Secret Asset Management Explained

In Seyfarth’s third installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Katherine Perrelli, Justin K. Beyer, and Amy Abeloff focused on the key provisions of the Defend Trade Secrets Act, how the DTSA has evolved since it was passed three years ago, and what to expect in the future.

As a conclusion to…

Caramel Crisp LLC, the owner of Garrett Popcorn Shops (“Garrett”), the renowned Chicago-based purveyor of deliciously flavored popcorn, recently filed suit in federal court in Chicago against its former director of research and development, Aisha Putnam, alleging that she misappropriated the company’s trade secrets, including its recipes for Garret’s famous popcorn, after she was fired. Putnam was hired in 2014 and was eventually promoted to the role of Director of Research and Development, where she had access to some of Garrett’s most confidential information and trade secrets. In that role, she was required to sign a confidentiality and non-compete agreement, which, among other things, required her to return all of Garrett’s confidential information upon the termination of her employment.…
Continue Reading Get Out Your Popcorn: Former Director of R&D Accused of Stealing Secret Popcorn Recipes

On Thursday, May 2 at 12:00 p.m. Central Time, in Seyfarth’s third installment of its 2019 Trade Secrets Webinar Series, Seyfarth attorneys will focus on the key provisions of the Defend Trade Secrets Act, and how the DTSA has evolved since it was passed three years ago.

Seyfarth attorneys Katherine Perrelli, Justin K. Beyer, and…

Seyfarth is pleased to be a Global Sponsor at ITechLaw’s 2019 World Technology Conference in Boston, May 15-17.

InterContinental Boston
510 Atlantic Avenue
Boston, MA 02210

ITechLaw is a not-for-profit organization established to inform and educate lawyers about the unique legal issues arising from the evolution, production, marketing, acquisition and use of information and communications…

The Alleghany Court of Common Pleas in Pittsburgh, Pennsylvania, recently denied a law firm’s request to enjoin its former partner from retaining a database that contained various information used to file legal actions under the American with Disabilities Act. According to the law firm, the database was a “trade secret” of the firm, and consequently…

Seyfarth Partners Erik Weibust and Jeremy Cohen participated in the American Intellectual Property Law Association’s 2019 Trade Secret Law Summit on March 21 and 22 at American Express’s corporate headquarters in New York.  Erik serves as Vice Chair of the AIPLA’s Trade Secret Committee and a member of the planning committee for the Summit, which…