Insights on Trade Secrets, Noncompetes & Employee Mobility

ArentFox Schiff is pleased to announce that Partner Matthew Prewitt, co-leader of the firm’s Trade Secrets, Non-Competes & Employee Mobility and Privacy, Cybersecurity, and Data Protection practices, has been named among Crain’s Chicago Business’ Notable Gen X Leaders in Law for 2022.

Protecting trade secrets is critical for any company. Being proactive and consistent is the best way to keep your company’s secrets safe.

In today’s competitive employment market, employee resignations are reaching near record-highs. Whether a separation is voluntary or involuntary, employee terminations often happen quickly and involve many moving parts. To protect the company and enhance enforceability.

Matt Prewitt will speak at the 5th Annual Sand Piper Partners LLC Trade Secrets Protection, Enforcement, and Litigation Conference on October 27, 2022.

There is often an assumption that restrictive covenants entered into in connection with a sale of business will be enforceable, even if they are broader in scope of time, geography, and restricted activity than would otherwise be acceptable to a court. 

ArentFox Schiff is pleased to announce the firm is being recognized by Global Citizen Experience (GCE) Lab School in Chicago for donating more than $250,000 in pro bono legal services. 

Lauren Schaefer will speak at PLI’s Noncompetes and Restrictive Covenants conference on September 29, 2022 at 8:30 AM PST.

Earlier this month, the US District Court for District of Maryland denied a partial motion for summary judgment in a case filed by Infotek Corporation against Mr. Dwight Preston, a former employee.  See Infotek Corp v. Preston, No. CCB-18-1386, 2022 WL 4121414 (D. Md. Sep. 9, 2022).  

In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we provided background on trade secret laws and the spoliation standard, and laid out a “how-to” guide with practice tips.

Join Matthew Nolan for the 12th SIPS Symposium on Sustainable Development.

ArentFox Schiff is pleased to announce that 121 attorneys have been recognized by The Best Lawyers in America 2023, with an additional six attorneys highlighted as “Lawyers of the Year” and 40 attorneys listed as “Ones to Watch.”

ArentFox Schiff secured a complete victory in an appeal before the Third Circuit, which found our client responsible for $0 of actual or intended loss in a case that the federal government claimed was “one of the largest, if not the largest, theft of trade secrets in U.S. history.”

On June 15, Lina Khan was sworn in as Chairwoman of the Federal Trade Commission. In an interview with The Wall Street Journal last week, Khan announced that the agency plans to use enforcement actions to curtail the use of covenants not to compete.

The 2022 edition of Legal 500 US has rated 77 ArentFox Schiff attorneys as national leaders in their field. In addition, 19 of the firm’s practice areas were ranked among the best in the country.

The 2022 edition of Chambers USA: America’s Leading Lawyers for Business has recognized 66 ArentFox Schiff attorneys as leaders in their field.

ArentFox Schiff is pleased to announce that four attorneys have been named to BTI’s Client Service All-Stars 2022 for delivering superior client service: Partners Paula Morency, Caroline Turner English, Ann MacDonald, and Matthew Prewitt.

If yours is one of the many companies considering new employment incentives, enhanced benefits, and retention bonuses, you should also consider taking another look at your non-compete covenants at the same time. They might already be outdated and unenforceable.

ArentFox Schiff Intellectual Property Partner Alex Spiegler will present at the International Bar Association (IBA) 8th Annual World Life Sciences Conference.

Implementation of the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) has now been officially delayed until October 1, 2022. The Act had been scheduled to take effect on April 1, 2022.

Last week, the US Court of Appeals for the Eleventh Circuit affirmed a $2 million jury verdict against Boeing in a breach of contract suit by Alabama Aircraft Industries, Inc. (AAI), a former government contracting partner, and revived a $100 million misappropriation of trade secrets claim.

Download Our Summary of the Most Important Cases.

On March 1, 2022, SB 21-271 will take effect in Colorado, exposing employers to increased potential criminal penalties for violations of Colorado’s anti-non-compete statute, Colorado Revised Statute § 8-2-113.

Schiff Hardin LLP has received 39 top-tier rankings in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms,” nationally recognizing the firm’s premier practices.

On October 7, 2021, Governor Newsom signed the Silenced No More Act (SB-331), which expands existing restrictions on the use of non-disclosure agreements (NDAs) in settlement agreements based on claims of workplace discrimination, harassment, or retaliation.  

Schiff Hardin LLP is pleased to announce that Partner Adam Diederich has been named among Crain’s Chicago Business’ Notable Rising Stars in Law for 2021.