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Intellectual Property

Oct. 9, 2024

Trade Secrets: a powerful alternative to noncompete agreements

See more on Trade Secrets: a powerful alternative to noncompete agreements

With the FTC's recent ban on non-compete agreements, companies might consider using trade secrets as an alternative to deter employee mobility.

Esha Bandyopadhyay

General Counsel Spectrum Dynamics Medical

Alex Pechette

Associate Fish & Richardson

Patent and Trade Secret Litigation

Earlier this year, the Federal Trade Commission outlawed non-compete agreements. Although its legality is in doubt--multiple federal courts this year issued injunctions prohibiting the FTC from enforcing the ban--prudent companies should still plan for a world without non-compete agreements. This article explores how developing and maintaining a robust portfolio of trade secrets can deter employees from joining competitors and thus substitute for non-compete agreements.

Trade secr...

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