Can Filing for Bankruptcy Invalidate a Noncompete?

Guest post by Solomon B. Genet. Debtors and their lawyers sometimes use a bankruptcy filing as an offensive tool. In a recent case, a debtor tried to use his prior bankruptcy to shed his non-compete obligations. While this attempt was not successful, non-compete practitioners should be aware of this effort. In In re Capps, a […]

Federal Circuit Invalidates Financial Analysis Patent, Suggests Trade Secret Protection

Since the Supreme Court decided Alice Corp. v. CLS Bank International in 2014, companies have had a difficult time patenting software and business methods. I am not a patent lawyer and this is not a patent blog. But a recent Federal Circuit case shows how companies with this type of IP may want to look […]

Federal Court Addresses Defend Trade Secret Act Immunity

The Defend Trade Secrets Act, 18 U.S.C. 1030, et seq., provides immunity from liability for misappropriation of trade secrets in certain circumstances, namely if the disclosure: (A) is made– (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of […]

AIPLA Trade Secrets Summit in San Diego, March 1-2

The American Intellectual Property Law Association’s annual Trade Secrets Summit is next week in San Diego. This event, which I have attended for the past three years, is a great opportunity to learn from and network with trade secret practitioners, while racking up CLE credits. I will be moderating a panel on Corporate Best Practices, […]

Blockchain & Trade Secrets: Miami Conference 1/18-19

Tomorrow and Friday, I will be attending the North American Bitcoin Conference, which will take place two blocks from my office in downtown Miami. A number of startup and more established companies in the blockchain space will be presenting. I’ll be live tweeting the conference from @BlogTradeSecret, with a focus on trade-secrets and related legal […]

Will Two Lawyers Go to Jail for Asserting Trade Secrets in Bad Faith?

Two South Florida lawyers are facing possible jail time, in part because of allegedly asserting in bad faith that documents contained trade secrets. They supposedly wanted to prevent disclosure of documents that proved their witness testified inaccurately. In a case pending in Miami-Dade County Circuit Court, Green Tree Servicing v. Sibon, the judge decided yesterday […]

Florida Supreme Court Issues Landmark Noncompete Opinion

It’s been a difficult week in Florida, as the state recovers from Hurricane Irma. But the storm did not deter the Florida Supreme Court from issuing what could be one of the most important opinions in the state’s history regarding Section 542.335, Florida Statutes, the statute governing restrictive covenants. I’m still dealing with hurricane-related issues […]

Bitcoin, Blockchain & Trade Secrets: An Introduction

I’m willing to bet that most readers of this blog have heard of Bitcoin. But I’m not sure how many know about the technology it’s based on, called blockchain. If you haven’t heard of blockchain, now’s the time to learn, since it has the potential to be the most transformative technology since the internet. I’m […]

Florida Companies: Are Your Non-Competes Missing This Critical Provision?

Under Florida’s restrictive-covenant statute, Section 542.335(f), a restrictive covenant is only enforceable by a successor entity or third-party beneficiary if the agreement so provides. This provision can become very important following corporate merger or sale transactions. Or in the due-diligence period leading up to those transactions. In a recent Florida case, Collier HMA Physician Mgmt, […]

One Simple Step in Outlook to Protect Your Trade Secrets

If you and your employees use Outlook, you can take one simple step now to dramatically reduce the risk of inadvertent sharing of confidential information: Disable email-address auto fill. Everyone loves this feature. You type the first few letters of someone’s name, and Outlook fills in an email address. But the increased efficiency comes at […]