Insights

Trade secrets are the lifeblood of any business. Across industries and states, companies safeguard a wealth of critical information that provides a competitive edge.

The role of artificial intelligence has been increasing in our daily lives, from customer service chatbots and digital assistants to ubiquitous smart home devices.

These may look like Powerball jackpots: $764 million, $2 billion, $940 million. But they are recent trade secret verdicts returned by juries in the last few years.

Businesses frequently choose Delaware as the governing law and venue for enforcement when drafting many kinds of agreements, including non-competition covenants.

With a focus on identifying and prioritizing high value assets, managing legal spend, and mitigating the risks posed by layoffs, intellectual property management strategies shift during economic downturns.

Non-compete agreements have long been under attack at the state level. Across the country, states have put limitations on the use of restrictive covenants, particularly with respect to lower wage workers.

Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen dramatically, but these trends bring new challenges for employers to stay compliant with federal, state, and local laws.

In the wake of the #MeToo movement, several states, such as California, have taken steps to ban mandatory arbitration clauses that cover claims of sexual harassment and assault. However, such prohibitions have decidedly not been the norm across the U.S.

When employees depart, it is critical that employers make sure that they leave empty handed. By being proactive, businesses can protect against theft of trade secrets and other confidential information.