Fairly Competing

Russell Beck, Ben Fink & John Marsh
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  • TWICE MONTHLY
Fairly Competing Podcast

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

  1. 24 AUG

    FTC’s noncompete ban is no more. Now what?

    On April 23, 2024, the FTC adopted a rule to ban virtually all employee noncompetes. The rule was scheduled to go into effect on September 4, 2024. But 15 days before – on August 20, 2024 – the United States District Court for the Northern District of Texas vacated the rule. Companies and employees have … Continue reading →

  2. 11 MAY

    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 →

    50 min

  3. 26/12/2023

    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 →

    44 min

  4. 01/05/2023

    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 →

    33 min

  5. 04/02/2023

    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 →

    1h 10m

  6. 12/01/2023

    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 →

    51 min

  7. 29/12/2022

    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 →

    31 min

  8. 04/11/2022

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

    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 →

    34 min

  9. 10/10/2022

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

    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 →

    28 min

  10. 28/07/2022

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

    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 →

    45 min
  • 10 Episodes

About

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.

Information

  • Creator
    Russell Beck, Ben Fink & John Marsh
  • Years Active
    2021 - 2024
  • Episodes
    10
  • Rating
    Clean
  • Copyright
    © Russell Beck, Ben Fink, John Marsh
  • Show Website
    Fairly Competing

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