Employment Law This Week (Week of December 19, 2016) has released bonus footage of its interview with Jonathan L. Shapiro, an Associate at Epstein Becker Green.
As Mr. Shapiro discusses, 2016 saw significant developments in the law governing trade secrets and non-competes. The Defend Trade Secrets Act (DTSA) opened federal courts to trade secrets claims, regardless of the dollar value. The DTSA does include some unique provisions - whistleblower protections in some cases and an ex-parte seizure provision for some extreme circumstances. The political winds blew steadily against non-compete clauses in 2016. Pressure from the federal government culminated in a White House “call to action” encouraging states to ban non-compete agreements in some circumstances.