Revisiting Trade Secret Strategies Following the FTC Ban on Noncompete Agreements

Posted In Employment

On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements nationwide with limited exceptions. The rule marks a pivotal moment for trade secret protection and enforcement strategies as it promises to reshape the relationship between employers and employees and impact safeguards for proprietary information.

Noncompete agreements have long been used to temporarily restrict employees from working for a competitor or starting a competing business after leaving an employer. These agreements are often used to protect a company’s IP by prohibiting employees from taking and/or disclosing proprietary information, such as customer lists, to competitors.

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Amol Parikh
Amol Parikh concentrates his practice on intellectual property litigation, counseling and procurement. He draws on his trial and litigation experience in combination with his engineering training to quickly identify intellectual property issues and develop creative strategies to address them. Amol’s work on behalf of clients has earned him recognition in many industry publications. Most recently, Amol was recognized with the International Law Office’s “Client Choice Award” for Intellectual Property in Illinois. The award recognizes “excellent client care” and the “ability to add real value to clients’ business above and beyond the other players in the market,” and winners may only be nominated by corporate counsel. Read Amol Parikh's full bio.

Brian Mead
Brian Mead focuses his practice on various labor and employment issues. He defends employers, before state and federal courts and administrative agencies, in individual and class action litigation under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Fair Credit Reporting Act, the Fair Labor Standards Act and other employment laws, including discrimination, wrongful termination, retaliation, and breach of contract claims. Additionally, Brian has experience in prosecuting and defending employee mobility and trade secret litigation cases on an emergency injunctive basis. Brian is skilled in researching multi-jurisdictional employment issues and preparing memoranda explaining the nuances of these issues and providing a recommended course of action. Read Brian Mead's full bio.

A. Shane Nichols
A. Shane Nichols focuses on helping clients find the most effective and efficient strategies for resolving patent infringement and trade secret disputes. Shane serves as lead litigation and trial counsel for clients across several industries, including the food and beverage, telecom, and petrochemical industries. In addition to his trial court experience, he has made arguments before the US Courts of Appeals for the Federal Circuit and the Eleventh Circuit. Read A. Shane Nichols's full bio.

Jodi Benassi
Jodi Benassi focuses her practice on intellectual property litigation. She has successfully represented companies ranging from Fortune 100 companies to emerging startups in a broad range of industries, including technology, entertainment, finance, beverage, pharmaceutical and life sciences. Jodi has helped clients reach favorable outcomes across the nation, including US District Court actions in California, Georgia, Texas, Delaware, Florida, New Jersey, Washington and Michigan, state actions in California and Georgia and matters before the US Trademark Trial and Appeal Board (TTAB) of the US Patent and Trademark Office (USPTO). She has also conducted internal investigations on behalf of audit committees. Read Jodi Benassi's full bio.




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