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The Sedona Conference’s Trade Secret Working Group recently published an article titled “7 Ways To Approach The Difficulties Of Trade Secret Litigation”. Crowell’s Mark Klapow is a member of the working.

Read more at: https://www.law360.com/articles/1559728/7-ways-to-approach-the-difficulties-of-trade-secret-litigation?copied=1

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Crowell & Moring is a proud sponsor of this year’s American Intellectual Property Law Association (AIPLA) Trade Secrets Summit, taking place December 8-9 in Miami, FL.

Please join us for a panel discussion on “Best Practices for Trade Secret Identification in Litigation,” led by Crowell & Moring attorney Mark Klapow on Thursday, December 8…

It’s the time of year again when we are taking a look at 2021’s top ten most read posts. This year, we witnessed an increased risk of trade secret theft due to the Great Resignation, proposed trade secret misappropriation penalties as a result of Chinese government trade secret espionage, and the expansion of ITC involvement in trade secret misappropriation. Take a look at our top ten posts that highlight these key developments.
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Continue Reading The Year’s Most Popular Posts

Following a national trend that we previously posted about, Illinois recently passed legislation to further restrict the use of non-compete agreements against low-wage workers.  Under the previous version of the Illinois Freedom to Work Act, employers were prohibited from entering into non-compete agreements with employees making less than $13 per hour.  The new version expands this restriction to include employees earning $75,000 or less and defines “earnings” to include salary, bonus, and other forms of taxable income.  In addition, the amendment prohibits employers from entering into non-solicitation agreements with employees making $45,000 or less annually.
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Continue Reading Illinois Law Imposes New Restrictions on Non-Compete Agreements

On January 11, Mayor Muriel Bowser signed “The Ban on Non-Compete Agreements Amendment Act of 2020” (the “Act”).  Though some other states and municipalities have restricted the use of non-compete agreements, the District of Columbia’s new ban – once it is applicable – will go further than similar laws in any other jurisdiction.  With few exceptions, employers in the District of Columbia will not be allowed to include non-compete provisions in employment agreements or maintain workplace policies that prohibit employees from simultaneously working for a competitor of the employer.  Employers with operations in the District of Columbia also must be aware of the notice and non-retaliation requirements, as well as the penalties for non-compliance.
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Continue Reading DC’s New Non-Compete Ban Implicates Trade Secret Protections in the District

The EU Whistleblower Directive: A Burden or an Opportunity?

Tension between the protection of whistleblowers and the protection of trade secrets?        

Companies should see the obligations set out in the EU Whistleblower Directive regarding internal reporting channels as an opportunity rather than a burden. Having an internal tool to facilitate detection of possible misconduct…

In trade secret misappropriation cases, the scope and sufficiency of the trade secret identification are central issues. And, once resolved, plaintiffs may allege new trade secrets thefts gleaned during fact discovery, which rekindles those issues. Recently, the United States District Court, Northern District of Illinois closely scrutinized just such lately raised trade secrets in Motorola …