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 […]

ABA Ethics Opinion: Trade-Secrets Lawyers Need to Encrypt Emails

By definition, lawyers working on trade-secrets issues, whether in litigation or otherwise, have access to their clients’ most confidential information. And, of course, these lawyers routinely communicate with clients via email, including about the trade secrets. Sometimes, even the trade secrets themselves are exchanged via email. This raises ethical issues. Recently, the ABA Committee on […]

Damages for Misappropriation of Trade Secrets Found Non-Dischargeable In Bankruptcy

Guest post by Solomon B. Genet As Eric’s law partner, from time to time I “guest post” on trade secret issues in the insolvency / bankruptcy context.  One important issue involves the dischargeability of pre-bankruptcy misappropriation claims. The March 31, 2017 In re Mandel decision out of the Eastern District of Texas addresses this issue.  There, […]

Alley-Oops: The Orlando Magic Tweeted a Picture Showing Team Trade Secrets

Sometimes companies forget about even the most obvious protections for their trade secrets. For example, “don’t tweet out a picture of your secret business strategies.” The Orlando Magic recently did just that. Earlier this month, a player’s agent tweeted a picture of the player signing a new contract with the Magic. But the picture also showed […]

The Cybersecurity Article that Every Executive Should Read Immediately

I love this article, titled Why America’s Current Approach to Cybersecurity Is So Dangerous. It should be required reading for all executives at companies at risk of a cyber attack — in other words, all companies. While the whole article is great, its core message can be reduced to a single sentence: People, not technology, […]

Florida’s Restrictive Covenant Statute: The Power of Presumption

Florida has one of the most employer-friendly restrictive-covenant statutes in the country, Section 542.335, Fla. Stat. For example, the statute prohibits judges from considering any hardship suffered by the person against whom enforcement is sought. The statute also contains a rebuttable presumption that a violation of an enforceable restrictive covenant creates irreparable injury. Yesterday, Florida’s […]

Another Federal Court: No Heightened Pleading Standard in Defend Trade Secret Act Cases

Previously, I wrote about a decision from the District of New Jersey that declined to apply a heightened pleading standard to Defend Trade Secret Act claims. Now, another federal court has reached the same conclusion. A copy of the opinion can be downloaded below. In Aggreko, LLC v. Barreto, pending in the District of North Dakota, the […]

Federal Court Denies Expedited Discovery In Defend Trade Secret Act Case

Trade-secret-misappropriation cases can move fast. Often, the plaintiff files a motion for temporary restraining order alongside its complaint. Sometimes, the plaintiff has enough evidence already to justify a TRO. Other times, the plaintiff needs to take discovery before the TRO hearing. But the typical discovery deadlines in the rules of civil procedure are not well suited […]

Trump and Trade Secrets: Signs of Encourgagement?

I’ve written several times about how Donald Trump’s rhetoric suggesting radical foreign-policy changes could threaten US companies’ trade secrets. See here and here. In particular, I’ve been concerned about Trump’s aggressive stance towards China, including statements about upending the “One China” policy. Now that we’re several weeks into Trump’s presidency, we are seeing signs that his foreign […]