On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant discussion of the proposed rule by the FTC since it was announced on January 5. Below are the four most salient takeaways.
Non-Compete & Trade Secrets
Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses
By Steven Hurd, Daryl Leon & Scott Tan on
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of non-competes (the “Proposed Rule”) by employers. The Proposed Rule is the culmination of the FTC’s recent efforts, following President Biden’s July 9, 2021 Executive Order on…
Failing To Take Proper Precautions, Hooked Media Lets Trade Secret Misappropriation Claim Off the Hook
By Russell T. Gorkin on
Late last year, a California appellate court reaffirmed longstanding principles that have important lessons for employers hoping to prevent their employees from taking trade secrets with them if they leave to work for a competitor.
The Defend Trade Secrets Act of 2016 – Key Takeaways
By Alex Weinstein, Steven M. Kayman & John Barry on
Earlier this week, Congress passed the Defend Trade Secrets Act of 2016 (DTSA). It is expected to be signed into law shortly. For the first time, the DTSA will create a federal private cause of action for misappropriation of trade secrets. Previously, federal protection of trade secrets was confined to…