Fairly Competing

by Russell Beck, Ben Fink & John Marsh

A show providing in-depth analysis of trade secret law and the law of noncompetes and other restrictive covenants for a broad audience. Whether you’re a business owner, CEO, in-house counsel, HR executive, or other employee, or a new lawyer or advanced practitioner, join your hosts, Ben Fink, John Marsh, and Russell Beck, for a discussion of the latest trends and hot topics, evolving federal and state laws, key developments, and other emerging issues in trade secrets, noncompetes, and employee mobility in today’s knowledge economy.

Episodes

Preparing for California’s newly expanded noncompete ban and anti-restrictive covenant laws (Episode 23)

44m · Published 26 Dec 15:48

On January 1, 2024, California will officially begin exporting its ban on noncompetes, nonsolicits, broad confidentiality agreements, and likely no-recruits to the rest of the country — whether the other states like it or not. Here’s what happened: This fall (in September and October), California passed two laws that together will: (1) expand the scope … Continue reading →

Time to Amend the DTSA

32m · Published 01 May 16:01

In 2016, Congress passed the Defend Trade Secrets Act (the “DTSA”). The vote was unanimous in the Senate and 410:2 in the House. President Obama signed it on May 11, 2016. Codified at 18 U.S.C. § 1836, et seq., the DTSA created a federal private right of action for trade secret owners to sue for the … Continue reading →

Guest Starr Discusses The Research Behind the FTC’s Proposed Noncompete Ban (Fairly Competing, Episode 21)

1h 10m · Published 04 Feb 19:00

The FTC’s proposed ban on noncompete agreements (and other “de facto” noncompetes) relies in large part of the research of University of Maryland’s Robert H. Smith School of Business Professor Evan Starr — one of the leading scholars in the field. Join John, Ben, and Russell as they talk with Professor Starr about the strengths … Continue reading →

Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)

50m · Published 12 Jan 13:20

The FTC just proposed a ban on noncompetes with virtually no exceptions. And, they have placed nondisclosure agreements and other restrictive covenants squarely in the crosshairs. Join John, Ben, and Russell as they take a look at the FTC’s proposed ban on noncompetes, how we got here, what the proposed rule would do and when, … Continue reading →

2022 Year In Review (Fairly Competing, Episode 19)

30m · Published 29 Dec 07:11

Happy Holidays! Join John, Ben, and Russell as they take a look back on some of the more significant developments in trade secret and restrictive covenant law from the past year and what to be expecting in the coming year. They discuss recent criminal prosecutions for use of no-poach agreements, legislative changes to state noncompete … Continue reading →

Catching up with AIPLA Presidents and Executive Director about Trade Secrets (Fairly Competing, Episode 18)

34m · Published 04 Nov 20:58

For the American Intellectual Property Law Association’s 125th Anniversary, John and Russell (both former chairs of the AIPLA Trade Secret Law Committee) and Ben (the current chair) went on the road to talk to the current AIPLA President, Brian Batzli, immediate past-President, Patrick Coyne, and Executive Director, Vince Garlock, at this year’s AIPLA Annual Meeting in Washington, D.C. We caught up about their experience with the AIPLA and the AIPLA’s Trade Secret Law Committee, … Continue reading →

Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Episode 17)

27m · Published 10 Oct 15:27

When an employee leaves for a competitor, it’s not uncommon for the former employer to investigate whether the employee took information on the way out the door. But, a recent case from the Georgia Court of Appeals, Patel v. Duke Hospitality LLC, highlights some limits on what the former employer can do. As Ben discusses … Continue reading →

The Key to Seeking and Defending Against Temporary Restraining Orders (Fairly Competing, Episode 16)

44m · Published 28 Jul 11:36

Temporary retraining orders (called, “TROs”) are a staple of trade secret and restrictive covenant litigation. In this episode, John, Ben, and Russell discuss what you need to know when you are either seeking or defending against a TRO in a trade secret or noncompete case. So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the … Continue reading →

Fairly Competing, Episode 15: Cease and Desist Letters

36m · Published 01 May 14:42

In this episode, John, Ben, and Russell discuss what to do when you receive a cease and desist letter, including how to prepare for it and how to respond to it. So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.

Fairly Competing, Episode 14: Irreparable Harm in Trade Secret Cases

30m · Published 16 Mar 09:55

In this episode, John, Ben, and Russell discuss the requirement of irreparable harm for injunctive relief in trade secret disputes through a discussion with special guest Vicki Cundiff, one of the true deans of the trade secret bar. So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing … Continue reading →

Fairly Competing has 15 episodes in total of non- explicit content. Total playtime is 9:34:57. The language of the podcast is English. This podcast has been added on November 22nd 2022. It might contain more episodes than the ones shown here. It was last updated on April 23rd, 2024 09:41.