Doing Business in the Golden State – Trade Secrets and Noncompetition

Morgan Lewis is pleased to continue our series of monthly webinars specifically designed for businesses that operate in the State of California.

Each webinar will take place on the first Wednesday of the month, 9–10 am PT/12–1 pm ET.

Trade Secrets and Noncompetition: How to navigate competitive developments, implementations, and safeguards for your business

Join us for a presentation regarding recent developments in trade secrets and noncompetition litigation in California. We will explore California law concerning noncompetition agreements and the so-called trade secrets exception to California’s ban on noncompetes.

We will also summarize key provisions of and recent case law concerning the Defend Trade Secrets Act of 2016 (DTSA) and the California Uniform Trade Secrets Act (CUTSA), and discuss what factors should be considered in deciding whether to file suit for misappropriation of trade secrets in federal or state court. We will also discuss what reasonable measures should be implemented by employers to protect confidential and trade secret information in light of recent case law and the risk posed by modern technology, software applications, cloud storage, and mobile devices.

Topics will include:

• Noncompetes under California law
• How companies try to impose noncompetition agreements by circumventing California law with choice-of-law and forum selection provisions and invoking the so-called trade secrets exception
• Summary of key provisions of and recent case law concerning DTSA and CUTSA
• Factors to consider in filing for misappropriation in state court versus federal court
• Reasonable measures employers should consider in light of modern technology, software applications, cloud storage, and mobile devices