Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022-2023 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia.

For the company executive, in-house counsel, or HR professional, we hope this guide will provide a starting

Continue Reading Now Available! 2022-2023 Edition of 50 State Non-Compete Desktop Reference

We are pleased to announce that our Trading Secrets blog was included as the top blog in FeedSpot’s Top 10 Trade Secrets Blogs. According to FeedSpot, the list was created “from thousands of blogs on the web and ranked by traffic, social media followers, domain authority & freshness.”  FeedSpot listed Robert Milligan, Dawn Mertineit, Alex Meier, Eric Barton, Justin

Continue Reading Seyfarth’s Trading Secrets Blog #1 in FeedSpot’s Top 10 Trade Secrets Blogs

This article was originally published in the Boston Bar Association’s Fall 2022 Boston Bar Journal.

Just over four years ago, the Massachusetts legislature finally passed a bill long in the works addressing non-compete agreements and replacing the Commonwealth’s trade secret misappropriation statute with a version of the Uniform Trade Secrets Act (the “UTSA”), referred to herein as “MUTSA.” See M. G. L. c. 93, § 42-42G. While the Commonwealth’s “new” non-compete law has received the most attention, the adoption of the UTSA was also notable. Even though Massachusetts is the 49th state to adopt the UTSA, MUTSA differs from other states’ versions of the UTSA. This piece will discuss the differences in pre- and post-MUTSA jurisprudence and what issues may be implicated by the law.

Continue Reading The Massachusetts Trade Secrets Act, Four Years On: What to know

Cases don’t try very often. Doubly so in trade secret/non-compete litigation. So many of these disputes get resolved at the injunctive relief phase of the proceeding that, when one goes the distance, it is almost always worth peeking under the hood.

In MWK Recruiting, Inc. v. Jowers, No. 1:18-cv-444-RP (W.D. Tex.), a federal district court judge recently entered a judgment for $3.6 million—before fees and costs—against a former external law firm recruiter. The facts are not complex. A recruiter left his employer and joined a competitor. But before the recruiter left his former employer, he began using his personal email for candidate submissions and allegedly laundered six lateral candidates through the founder of his new employer. His former employer sued him and alleged that he misappropriated trade secrets and breached non-compete and non-solicitation covenants in his employment agreement. At trial, the district judge found in the plaintiff/employer’s favor on both claims and entered a $3.6 million damages award, with about $500,000 awarded under the misappropriation claim and $3 million under the breach of contract claim.

Continue Reading Lessons from a Staffing Misappropriation and Non-Compete Trial

Join us for a Seyfarth & Association of Corporate Counsel Southern California in-person event for in-house counsel!

REGISTER HERE

seyfarth and ACC socal event

Wednesday, November 16, 2022
Registration: 3:00 p.m. to 3:30 p.m.
Program: 3:30 p.m. to 4:30 p.m.
Reception: 4:30 p.m. to 5:30 p.m.

Location
Seyfarth Shaw LLP – Century City
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021

About the

Continue Reading The Art of Performance Management, Employee Discipline, and Employee Separations

Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Compete practice—was named a 2022 Top Trade Secrets Lawyer in California by The Daily Journal. Robert is a leading voice in this intricate area of law, with a practice primarily focused on trade secret, non-compete, and data theft/protection litigation, investigations, and transactional work. Robert represents multinational

Continue Reading Robert Milligan Honored as a 2022 Top Trade Secrets Lawyer in California by The Daily Journal

webinar recap - texas trade secrets and non-competesIn the fifth installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Jesse Coleman, Matt Simmons, and Kevin Green discussed legal developments and trends in Texas trade secret and non-compete law and how it is similar to and diverse from other jurisdictions.

As a conclusion to this webinar, we compiled a summary of takeaways:

  • A restrictive covenant is


Continue Reading Webinar Recap! How and Why Texas is Different When it Comes to Trade Secrets and Non-Competes

webinar texas trade secrets and non-competes

Tuesday, September 27, 2022
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

In the fifth installment of our 2022 Trade Secrets Webinar Series, our team will cover recent legal developments and trends in Texas trade secret and non-compete law and how it
Continue Reading Upcoming Webinar! How and Why Texas Is Different When It Comes to Trade Secrets and Non-Competes

intellectual property owners association conferenceOn September 18-20, Seyfarth partners Dawn Mertineit, Eric Barton, and Robert Milligan will be attending the Intellectual Property Owners Association’s Annual Meeting in Los Angeles. This event offers over two dozen education sessions, networking opportunities, committee meetings, and more.

During the event, Dawn will be speaking on a panel called “Hold on to Your Trade Secrets: The Winds of Change
Continue Reading Seyfarth Attorneys to Attend and Speak at IPO Annual Meeting

It’s a fact pattern that repeatedly arises in trade secret cases: a company hires someone who has a confidentiality agreement with their former employer. Just before (or shortly after) being hired, the individual emails confidential information from their former employer to individuals at their new job. The former employer files suit against the individual, but also asserts a claim for tortious interference with contractual relations against the new employer.
Continue Reading Merely Receiving Confidential Information Isn’t Enough: Georgia Court Dismisses Tortious Interference with Contract Claim in Trade Secret Case