The Shifting Junction Of Trade Secret Law And Noncompetes

Law360, New York (August 17, 2016, 11:36 AM EDT) -- David S. Almeling

Tony Beasley Trade secret law and noncompetition agreements both seek to protect confidential information. Trade secret law does so by identifying certain confidential information that deserves protection and providing remedies for misappropriation of that information. Noncompetition agreements, often called "noncompetes," do so — albeit indirectly — by restricting ex-employees from working in a job that would be in competition with a former employer and in which they are more likely to use their former employer's confidential information.

These two areas of law are trending in different directions.

Trade secrets are gaining greater protection, with 2016 being the most...

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