10 episodes
Fairly Competing Russell Beck, Ben Fink & John Marsh
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- Education
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.
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FTC to ban noncompetes: What you need to know
On April 23, 2024, the FTC adopted a rule that bans virtually all employee noncompetes. The rule is scheduled to go into effect on September 4, 2024. If that happens, how will companies protect their trade secrets, confidential information, customer goodwill, and the integrity of their workforce? Join John, Ben, and Russell for a discussion … Continue reading →
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Preparing for California’s newly expanded noncompete ban and anti-restrictive covenant laws (Episode 23)
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 →
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Time to Amend the DTSA
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 →
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Guest Starr Discusses The Research Behind the FTC’s Proposed Noncompete Ban (Fairly Competing, Episode 21)
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 →
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Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 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 →
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2022 Year In Review (Fairly Competing, Episode 19)
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 →