Thomson Reuters Practical Law has released the 2023 update to “Trade Secrets Litigation,” co-authored by our colleague Peter A. Steinmeyer.

Following is an excerpt (see below to download the full article in PDF format):

Trade secrets are often an employer’s most valuable assets. When an employee or former employee misappropriates an employer’s trade secrets, the employer frequently initiates litigation with several goals in mind, including:

• Preventing further unauthorized use or disclosure of its trade secrets.
• Recovering the trade secrets.
• Obtaining damages.

This Practice Note discusses trade secrets litigation. In particular, it addresses:

• Preliminary steps to consider, such as sending a

FTC Commissioner Christine Wilson, published an Op-Ed in the Wall Street Journal today in which she announced her resignation from the FTC and explained her reasoning. Readers may recall that Commissioner Wilson was the lone dissenting voice on the FTC’s proposed banning rule non-competes nationwide.

In the Op-Ed, Commissioner Wilson says that her decision to resign arose out of FTC Chair Lina Khan’s “disregard for the rule of law and due process and the way senior FTC officials enable her,” concluding with: “I refuse to give their endeavor any further hint of legitimacy by remaining” at the Commission. Relevant to …

Thomson Reuters Practical Law has released the 2023 update to “Garden Leave Provisions in Employment Agreements,” co-authored by our colleague Peter A. Steinmeyer and Lauri F. Rasnick.

The Note discusses garden leave provisions in employment agreements as an alternative or a companion to traditional employee non-compete agreements. It addresses the differences between garden leave and non-compete provisions, the benefits and drawbacks of garden leave, and drafting considerations for employers that wish to use garden leave provisions. This Note applies to private employers and is jurisdiction neutral.

Following is an excerpt (see below to download the full version in PDF format):…

Thomson Reuters Practical Law has released the 2023 update to “Preparing for Non-Compete Litigation,” co-authored by our colleague Peter A. Steinmeyer.

Following is an excerpt (see below to download the full version in PDF format):

Non-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a non-compete agreement (also referred to as a non-competition agreement or non-compete). It is critical to confirm that there is sufficient factual and legal support before initiating legal action. Filing a complaint for monetary damages or a request for an injunction can …

As we predicted, earlier today, 100 industry organizations submitted a request to the Federal Trade Commission (FTC) to extend the comment period for its proposed rule banning non-competes nationwide by an additional 60 days. According to the letter, “[t]he regulated community should be given sufficient time to assess the potential consequences of the rulemaking and develop insightful comments for the Commission to consider.” The letter further states:

This rulemaking, as the FTC itself acknowledges, will impact a significant portion of the economy. Given the breadth of the rules, a sufficient comment period is needed to ensure the regulated community can …

Thomson Reuters Practical Law has released an update to “Trade Secret Laws: Connecticut,” a Q&A guide to state law on trade secrets and confidentiality for private employers in Connecticut, co-authored by our colleagues David S. Poppick and Carol J. Faherty, attorneys at Epstein Becker Green.

Following is an excerpt:

This Q&A addresses the state-specific definition of trade secrets and the legal requirements relating to protecting them. Federal, local, or municipal laws may impose additional or different requirements. Answers to questions can be compared across several jurisdictions. …

In particular, this Q&A addresses:

• • Overview of State Trade Secret Law
  • Definition of