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United States: Webinar Recap! 2018 Year In Review: What You Need To Know About The Recent Cases And Developments In Trade Secrets, Non-Competes, And Computer Fraud Law
In Seyfarth's first installment in its 2019 Trade Secrets
Webinar Series, Seyfarth attorneys Michael Wexler, Robert Milligan,
and Joshua Salinas reviewed noteworthy cases and legal developments
from across the nation over the last year in the area of trade
secrets and data theft, non-competes and other restrictive
covenants, and computer fraud. Plus, they provided predictions for
what to watch for in 2019.
As a conclusion to this well-received webinar, we compiled a
summary of takeaways:
The Supreme Court will soon Rule on
the meaning of the terms confidential and trade secrets within the
meaning of Exemption 4 to FOIA which may have far reaching
implications to trade secret and non-compete practitioners.
State legislation across the country,
including in Idaho, Utah, Colorado, and Massachusetts, continues to
narrow or place further conditions on the scope of enforceable
restrictive covenants.
Employers with Massachusetts
employees should take care to review choice of law, choice of venue
and consideration to support their agreements.
Employers with California employees
should carefully evaluate whether to continue to use
post-termination non-solicitation of employee covenants with their
employees and contractors and discuss their options with
counsel.
Company owners should be careful to
not draw the attention of state attorney generals and the justice
department by entering into agreements with competitors regarding
the mobility of employees.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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