February 1, 2023

Volume XIII, Number 32

Annual Review: Noncompete and Trade Secret Protection for Employers - December 2nd, 2022

Summary

Make sure you are keeping up with unprecedented developments across the United States. Experienced Barnes & Thornburg litigators will review what employers need to know about noncompetes and trade secret protection, and how different states approach the issues.

How State Laws Drive Noncompete Strategy

  • Why other states' laws are more important than you think

  • Is continuing employment sufficient consideration?

  • Will the court modify the agreement to make it enforceable?

  • State law developments in the last year

Drafting and Administration

  • How aggressive should you be in setting restrictions?

  • How do you handle the differences between states?

  • How do you phase in noncompetes with current employees?

Enforcement Strategy

  • Do you have to go after every violation?

  • Should you send a cease-and-desist letter first?

  • How quickly should you act?

  • Everybody wants a TRO: Reasons to win the war at a preliminary injunction hearing instead

Trade Secrets Developments

  • The Uniform Trade Secrets Act and differences among states

  • Impact of Federal Defend Trade Secrets Act

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