Seyfarth proudly announced the annual installment of our Commercial Litigation Outlook and Webinar Series, featuring insights about litigation issues and trends to expect in 2024 from our nationally recognized team. The Trade Secrets practice group is pleased to present its 2024 outlook piece, “Guarding Secrets: Navigating the Shifting Landscape of Restrictive Covenants in 2024,” available
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Celanese v. ITC – Exploring the Crossroads of Trade Secrets and Patent Rights Post AIA
This blog has been cross-posted to Seyfarth’s Gadgets, Gigabytes & Goodwill site.
On March 4, the Federal Circuit, heard oral arguments for Celanese Int’l. v ITC, 22-1827 (Fed. Cir. 2024), a case that may reshape the dynamics between trade secrets and patent rights.
The Core Issue at Hand
This case centers around the America…
Upcoming Webinar! Employee Training Programs: Building a Culture of Confidentiality
Wednesday, March 27, 20242:00 p.m. to 3:00 p.m. Eastern1:00 p.m. to 2:00 p.m. Central12:00 p.m. to 1:00 p.m. Mountain11:00 a.m. to 12:00 p.m. Pacific
About the Program
As we navigate the ever-evolving business landscape, safeguarding trade secrets has become a critical priority for organizations seeking resilience and success. In this pursuit, Seyfarth is…
NYC Council Proposes Broad Non-Compete Ban
Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for employers in the Big Apple.
On December 12, 2023, the New York State Legislature delivered a bill for the Governor’s signature that…
Webinar Recap! Navigating the Intersection of Non-Compete Agreements and Employee Mobility
In the ever-evolving digital landscape as well as legislative and regulatory changes and proposed changes to the use of non-competes, the preservation of trade secrets stands as a cornerstone for businesses striving to secure a competitive edge. As we continue to navigate the complexities of remote work and the jurisdictional differences in restrictive covenant enforcement,…
Is Maine the Next Frontier in the Effort to Ban Non-Competes?
It should come as no surprise to readers of our blog that restrictive covenants are facing significant headwinds. The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other restrictive covenants such as customer and employee non-solicits and even non-disclosure agreements. These limitations—or proposed limitations—have come in a variety…
Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?
The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could violate Section 7 and Section 8(a)(1) of the National Labor Relations Act (“NLRA”). As we previously blogged, the NLRB seemingly took the position that…
California’s New Love Law: Seyfarth’s Valentine’s Day Legal Update on Non-Competes and Compliance Messages
Love is in the air. With Valentine’s Day just around the corner, we’re writing to share some heartfelt news about a recent change in California law that might just make your heart skip a beat.
In the spirit of spreading love (and compliance), a new law, Section 16600.1 of the Business and Professions Code, has…
Webinar Recap! 2023 Trade Secrets & Non-Competes Year in Review
In the inaugural session of the 2024 Trade Secrets Webinar Series, our panelists meticulously examine pivotal legislation, landmark cases, and legal advancements spanning trade secrets and data theft, non-competes and restrictive covenants, and computer fraud on a national scale. Tailored specifically for general counsel, labor and employment counsel, IP counsel, and HR professionals, this webinar…
Delaware Supreme Court Curbs Erosion of Forfeiture-for-Competition Protections
Delaware has long been favored by businesses for many reasons, including its courts’ deference to parties’ ability to contract. Recently, however, the Delaware Chancery Court was seemingly less deferential to restrictive covenant agreements in circumstances outside of the traditional employment agreement context. In Cantor Fitzgerald, L.P. v. Ainslie, the Court, in a well-reasoned decision which…