Tune in to Spilling Secrets, a podcast series on the future of trade secrets and non-compete law.
Each episode features an all-star panel of attorneys talking about real-life problems, developments, and strategies when dealing with trade secrets, non-competes, and other types of restrictive covenants.
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Wizarding and the World of Trade Secrets
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Prepare to be spellbound this Halloween as we cast a magical twist on the realm of trade secrets and restrictive covenants! Whether you're a Gryffindor at heart or more of a Slytherin, there's something for every magical mind seeking to safeguard their organization’s trade secrets.
In this episode of Spilling Secrets, Epstein Becker Green attorneys A. Millie Warner, Jill K. Bigler, and Aime Dempsey team up with Kristen O’Connor—Senior Assistant General Counsel, Employment at Marsh & McLennan Companies—to wave their legal wands over topics such as Professor Snape’s secret potion book, Hermione’s clever jinxes, and much more.
After the Block: What’s Next for Employers and Non-Competes?
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
On August 20, 2024, the U.S. District Court for the Northern District of Texas invalidated the FTC’s non-compete ban, deeming it arbitrary and capricious and beyond the scope of the agency’s statutory authority.
In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, Erik W. Weibust, and Paul DeCamp tell us more about the court’s decision to block the ban, what legal challenges remain, and the key considerations for employers moving forward.
What Is the Future of Non-Compete Agreements for Employers?
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
On July 23, 2024, a federal judge in Pennsylvania denied a motion to enjoin the FTC’s non-compete ban. This ruling is in direct opposition to one by a district court in Texas that enjoined the ban in early July.
In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, A. Millie Warner, and Paul DeCamp look into their crystal ball and make their own predictions for how the FTC’s non-compete ban may or may not survive in the courts.
Can FTC’s Non-Compete Ban Survive Without Chevron Deference?
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The FTC’s ban on non-competes will go into effect on September 4, 2024, but legal challenges remain. So, how can employers prepare?
In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, Erik W. Weibust, and Paul DeCamp tell us more about how the U.S. Supreme Court’s overruling of the Chevron doctrine might affect the FTC’s ability to regulate non-competes. They also discuss a Texas court’s preliminary injunction against the FTC’s non-compete ban* and how various legal challenges have led to a somewhat anticlimactic atmosphere in the employment landscape related to the ban.
*On Tuesday, July 23, after this episode was recorded, a federal judge in Pennsylvania reached the opposite conclusion and declined to temporarily halt the FTC’s non-compete ban.
Protecting Trade Secrets with E-Discovery
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
There’s a common misperception that ESI just means emails, but it’s much more than that. ESI encompasses anything in digital or electronic form. The departure of an employee is at the root of most trade secret and restrictive covenant litigation. Therefore, when an employee departs, the timely preservation of ESI must be a standard operating procedure.
In this episode of Spilling Secrets, Epstein Becker Green attorneys A. Millie Warner and Elizabeth S. Torkelsen and special guest James Vaughn, Managing Director of iDiscovery Solutions, discuss the complicated field of digital forensics and how employers can effectively manage ESI.
FTC Nixes Non-Competes Nationwide—Now What?
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
On April 23, 2024, the FTC announced its final rule banning virtually all non-compete agreements nationwide. Employers across the nation are looking for answers.
In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer and Erik W. Weibust lay out the details of the ban, the legal challenges already underway,* and the actions employers should be taking.
*EBG is representing amici in one legal challenge: the U.S. Chamber of Commerce litigation.
Navigating Physician Non-Compete Litigation
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Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter to court is not always clear.
In this episode of Spilling Secrets, Epstein Becker Green attorneys Katherine G. Rigby, Erik W. Weibust, Daniel L. Fahey, and Jill K. Bigler discuss the unique challenges involved in litigating physician non-competes.
Bracket-Busting Trade Secret and Non-Compete Disputes in Sports
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As college basketball madness sweeps across the nation this March, we’re seizing the opportunity to explore the intriguing intersection of trade secrets law and the sports world.
In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, James P. Flynn, Daniel R. Levy, and Susan Gross Sholinsky appeal to both sports fans and lawyers alike to examine the strategic use of non-compete agreements across various sports. From scrutinizing non-competes in football and dissecting no-poaching arrangements in golf to unraveling compelling trade secrets in boxing, the team embarks on an examination of the legal dynamics shaping competitive sports.
Latest Developments: Restrictive Covenants in the Health Care Industry
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Restrictive covenants are evolving at a record pace right now at both the federal and state levels. Employers are struggling to keep up, and that’s especially true in the health care industry.
In this episode of Spilling Secrets, Epstein Becker Green attorneys Katherine G. Rigby, Erik W. Weibust, Glenn P. Prives, and Denise Merna Dadika discuss restrictive covenants in relation to physician groups and other health care organizations employing direct care providers.
Explore Epstein Becker Green's 50-State Noncompete Survey, now featuring a 50-state health care supplement.
Invention Ownership: Why the Tense Matters in Employee IP Provisions
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On an employee’s first day, employers can begin protecting trade secrets by ensuring they maintain ownership over all intellectual property (IP) that the employee will create. In this episode of Spilling Secrets, Epstein Becker Green attorneys A. Millie Warner, James P. Flynn, Hemant Gupta, and Adelee Traylor dive into the key steps employers can take to maintain IP ownership, including using the right verb tense in employee IP provisions.
Non-Compete Law Update: Key Developments from 2023
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and rulemaking on the federal level and legislation in the states. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, Katherine Rigby, A. Millie Warner, and Erik W. Weibust present their lineup for the “top 10” trade secret and non-compete developments of 2023.
Restrictive Covenants Around the World: Challenges for Multinational Employers
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
Restrictive covenants, such as non-compete and non-solicitation agreements, are regulated differently worldwide. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, A. Millie Warner, and Susan Gross Sholinsky take a trip around the world with Andrew Lilley, Head of Employment Law at Deloitte Legal, to highlight some of these unique distinctions and discuss how global employers can navigate these differences.
Non-Compete Agreements in 2023: What Employers Need to Know
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
Restrictions on non-competes have dominated the headlines this year. The Federal Trade Commission has proposed a rule banning non-compete agreements nationwide, Minnesota became the first state to ban non-competes since the 1890s, and the General Counsel of the National Labor Relations Board instructed regional offices to evaluate non-competes for potential violations of the National Labor Relations Act.
In this special live episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer and Erik W. Weibust sat down with guests Gina Sarracino, Chief Counsel of Employment and Labor at Thomson Reuters, and Evan Michael, Executive Vice President and General Counsel at NFP, to discuss the hectic state of non-competes in 2023.
Attention Employers: How to Protect Trade Secrets in California
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California has some of the strongest regulations on restrictive covenants. How can employers in the state protect trade secrets and remain in compliance? Epstein Becker Green attorneys Katherine G. Rigby, David Jacobs, and Phillip K. Antablin detail some best practices for California employers.
When a Restrictive Covenant Dispute Goes Beyond the Injunction Phase
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Most restrictive covenant disputes are resolved out of court. However, what about the restrictive covenant disputes that lead not only to litigation but also to litigation beyond the injunction phase?
Our all-star panel of attorneys—Peter A. Steinmeyer, Katherine G. Rigby, A. Millie Warner, and Erik W. Weibust—discuss more.
NLRB General Counsel Issues Memo on Non-Competes
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On May 31, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo stating her position that non-compete agreements violate the National Labor Relations Act. So, what does this mean for employers?
Epstein Becker Green attorneys and Spilling Secrets hosts Peter A. Steinmeyer and Erik W. Weibust are joined by featured guest attorneys Steven M. Swirsky and Erin E. Schaefer to forecast the impact employers may face in the wake of this memo.
How to Pursue Damages in Trade Secrets Litigation
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
Trade secret and non-compete litigation can result in massive damage awards, but those cases can also be unpredictable. Many viable trade secret claims go unexplored due to financial limitations or a lack of willingness to invest in litigation.
Attorney and Spilling Secrets host Erik W. Weibust and three special guests—Epstein Becker Green’s Managing Partner, James P. Flynn; Stephanie Southwick of Omni Bridgeway; and Mary Guzman of Crown Jewel Insurance—discuss the monetization of trade secrets litigation.
How to Secure Key Employees in Health Care M &A Transactions
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
Human capital often drives the value of merger and acquisition (M &A) deals in the health care industry. Buyers involved in these deals must retain key employees to secure that value.
Epstein Becker Green’s Spilling Secrets hosts Erik W. Weibust and Katherine G. Rigby join forces with the Diagnosing Health Care podcast hosts Daniel L. Fahey and Timothy J. Murphy to talk about strategies to retain these employees.
Inside the Most Famous Trade Secrets Case of All Time
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The inevitable disclosure doctrine, expected to be a widely used tool to protect trade secrets after the famous PepsiCo, Inc. v. Redmond case in 1995, has not been as commonly employed as anticipated. But is the legal landscape about to change?
Epstein Becker Green’s all-star panel of attorneys – Peter A. Steinmeyer, Katherine G. Rigby, A. Millie Warner, and special guest James J. Oh – delve into the most famous trade secrets case of all time.
Trade Secrets on Film and TV
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The 2023 Academy Awards are over, but we’re keeping the awards season alive with our very own Trade Secrets Fail Awards, highlighting Hollywood’s biggest missteps in depicting trade secret issues on-screen.
Panelists Peter A. Steinmeyer, Katherine G. Rigby, A. Millie Warner, and Daniel R. Levy discuss their picks for the worst trade secret theft and misappropriation in the movies and on television.
Watch a video summary of this edition, “Trade Secrets on Film and TV,” on #WorkforceWednesday.
FTC Proposes Ban on Non-Competes
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On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban employers from using non-compete clauses.
Panelists Peter A. Steinmeyer and Erik W. Weibust and featured guest attorney Stuart M. Gerson discuss the proposed rule and next steps for employers.
Watch a video summary of this edition, “FTC Proposes Ban on Non-Competes,” on #WorkforceWednesday.
What to Do When a Star Employee Decamps to a Competitor
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The holidays are over, and year-end bonuses are being paid, making January and the first quarter a common time for employees to jump ship to work for a competitor.
Our all-star panel of attorneys – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust – discuss what an employer should do in this situation.
Top Trade Secret and Non-Compete Developments of 2022
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
The year is coming to a close, and it was a big one in the world of trade secrets and non-competes. In this episode, we’re running down the key trends of 2022.
Our all-star panel of attorneys – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust – discuss more.
When Trade Secret Misappropriation Goes Criminal
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When faced with trade secret misappropriation, employers must decide how to proceed. In this episode, hear some tips on how and why employers might choose to refer the matter for criminal investigation.
Our panelists Pete Steinmeyer and Millie Warner and our featured guest attorney—Dan Levy—discuss more.
Non-Compete Agreements for In-House and Outside Lawyers
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
Non-compete agreements are generally unenforceable against lawyers, but there are some exceptions. In this episode, hear about employer options for restrictive covenants, including non-competes, non-solicits, and confidentiality agreements, for both in-house and outside lawyers.
Our all-star panel of attorneys – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust – discuss more.
Employers: Train on Trade Secrets
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
An employer often overlooks training employees on what their restrictive covenant means and how to honor their confidentiality, non-competition, and non-solicitation obligations. But this type of training can be critical for employers in protecting trade secrets and avoiding litigation in the future.
Our all-star panel of attorneys – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust – discuss more.
Watch a video summary of this edition, “Employers: Train on Trade Secrets,” on #WorkforceWednesday.
Restrictive Covenants in the Remote Work Boom
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
Two and a half years into the pandemic, it appears that remote work is here to stay, to varying degrees, in virtually all industries. How do restrictive covenants work in this remote work era? In this episode of our special Spilling Secrets podcast series, hear how employers are addressing restrictive covenant concerns now that employees may be located anywhere.
Our all-star panel of attorneys – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust – discuss more.
Hiring from a Competitor? Don’t Get Sued.
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
If you’re hiring from a competitor amid the Great Resignation, one of your top priorities is not getting sued. In our first Spilling Secrets episode, hear about the steps and tactics employers can use to mitigate non-compete and trade secrets litigation risks when hiring from a competitor.
Our all-star panel of attorneys – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust – discuss more.
Meet the Spilling Secrets Podcasters
Podcast: Amazon Music, Apple Podcasts, Audacy, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.
Spilling Secrets is our podcast series about the future of non-compete and trade secrets law. In this overview episode, learn more about what listeners can expect to hear in this series. And meet our all-star panel of trade secrets, non-compete, and employee mobility attorneys who will be featured – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust.
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