Wall Street Journal Blog Cites Beck Reed Riden LLP’s Research

Wall Street JournalA recent blog entry from The Wall Street Journal relies in part on Beck Reed Riden LLP’s 50 State Noncompete Survey.

The article is titled “Why Noncompete Pacts Are Bad for Workers–and the Economy.” The blog entry blends opinions, facts, and arguments to support the position that non-compete agreements are bad for businesses and the economy. The author is Mark Muro, a senior fellow at the Brookings Institution.

The Wall Street Journal blog entry cites Beck Reed Riden LLP’s state-by-state analysis of non-compete agreements as follows:

Currently 47 states allow noncompete agreements in most or all circumstances.  As yet only three states bar the deals outright, while only a few more have begun to limit them in some industries, such as technology in Hawaii or health care in New Mexico.

In May 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” also relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

For up-to-the-minute analysis of legal issues concerning noncompete agreements and trade secrets in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

Beck Reed Riden LLPBLF 2014_Silver_Generalis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2016 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP is highly praised by peers, who commend his ‘impeccable credentials,’ in the employment arena, and identify him as an ‘expert in noncompetition and trade secret laws.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

MA Noncompete Agreement Reform Clears First Major Hurdle

State-house.pngOn June 29, 2016, the Massachusetts legislature moved one step closer to reforming noncompete agreements. With 150 votes for the legislation, and no votes against, the Massachusetts House of Representatives passed “An Act relative to the judicial enforcement of noncompetition agreements.”

If this noncompete bill becomes law (it’s not there yet—it would still need to be passed by the Senate and signed by the Governor by the end of July for that to happen), then there will be a dramatic shift in the way employers are permitted to use noncompete agreements in Massachusetts.

Significantly, the House of Representatives’ noncompete bill would:

  • Cap the noncompete period to 12 months from the date of termination;

  • Restrict employers from enforcing noncompetes against nonexempt (hourly) workers, student interns, and employees under 18; and

  • Prevent enforcement of noncompete agreements against employees who have been terminated without cause or laid off.

The 12-month cap can be extended for up to two years in the event the employee breaches a fiduciary duty to the employer or if the employee unlawfully takes the employer’s information or property.

Screen Shot 2014-10-19 at 11.33.00 AMne controversial aspect of the new bill is the so-called “Garden Leave” clause, which would require employers to pay half the salary of employees for the duration of their noncompete period after they leave. But there’s a major caveat to the Garden Leave provision: The bill gives employers the option of providing some “other mutually-agreed upon consideration . . . provided that such consideration is specified in the noncompetition agreement.”

The bill would not affect nonsolicit agreements that bar employees from transacting business with employers’ customers, clients, or vendors. The bill also maintains the status quo for the courts’ ability to modify noncompete agreements by giving judges discretion to reform or otherwise revise a noncompete agreement so as to render it valid and enforceable.

According to the House’s legislation, in order for a noncompete agreement to be valid, new hires must be given prior notice that they will be bound by such an agreement – either with the delivery of the offer of employment or 10 business days before the employee starts work, whichever is earlier. There is also a 10-day notice provision for current employees who are asked to sign new noncompete agreements.

Separate from the noncompete aspects of the bill, if passed, the bill will adopt the Uniform Trade Secrets Act. The impact of that is, as a practical matter, limited.

Russell Beck recently spoke on a panel at the Boston Bar Association’s symposium about the Massachusetts non-compete agreement reform legislation. For up-to-the-minute analysis of legal issues concerning noncompete agreements and trade secrets in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

Beck Reed Riden LLPBLF 2014_Silver_Generalis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law andbusiness litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience. The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. Recently, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging fromFortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck on Noncompete Agreements in Lawyers Weekly

Russell BeckThe June 27, 2016, issue of Massachusetts Lawyers Weekly features Russell Beck in an article titled “Action on non-competes eyed before session’s end.”

The article covers the 8th annual Boston Bar Association symposium on non-compete agreements and trade secrets. Russell Beck was a speaker on the panel, which featured “drafters, sponsors, supporters and critics of state bills to reform the use of employee non-compete agreements.”

Massachusetts Lawyers WeeklyThe article discusses legislation pending in the Massachusetts State Legislature that would reform the use and enforcement of non-compete agreements. One controversial aspect of the pending legislation is the so-called “Garden Leave” clause, which would require employers to pay half the salary of employees for the duration of their noncompete period after they leave.

In the article, Russell Beck addresses the proposed Garden Leave provision as follows:

One argument against the garden-leave provision, according to Boston attorney Russell Beck, is that the employee has already been compensated for accepting his non-compete, making additional consideration, post-employment, unnecessary or unjust.

It also has been argued that garden leave “would significantly adversely disadvantage small companies, who can’t afford to pay somebody not to work,” he added.

The current legislation also contains a provision that would prevent enforcement of noncompete agreements against employees who have been terminated without cause or laid off. In the article, Russell Beck is quoted as follows on this provision:

However, Beck noted that, as a practical matter, companies typically do not seek to enforce non-competes against such employees, relying instead on non-disclosure or non-solicitation agreements to protect their interests.

Another provision evoking mixed feelings is the proposed elimination of the practice of allowing judges to “red-line” overbroad non-compete agreements. The theory is that it will incentivize companies to tailor their non-compete agreements more narrowly from the outset.

“It moves the needle and makes a company focus more on bringing the language in line with what the law requires,” Beck said, adding that employees gain the “significant benefit” of receiving clear notice about what they are restricted from doing.

Separate from the noncompete aspects of the pending Massachusetts legislation, if passed, the bill will adopt the Uniform Trade Secrets Act. The article addresses the uncertainty about the new trade secrets law, with some saying that it would make it harder to obtain triple damages and attorneys’ fees in trade secret misappropriation cases. The article quotes Russell Beck on this topic as follows:

Others are not sure the bar will be raised much, however. For one thing, there are cases on both sides of the issue of whether 93A even applies to a departing employee who misappropriates trade secrets, Beck said.

The controlling authority, the Appeals Court case Specialized Technology Resources, Inc. v. JPS Elastomerics Corp., answers that question in the affirmative. However, Superior Court Business Litigation Session Judge Janet L. Sanders suggested that Specialized Technology was wrongly decided in her decision in The Gillette Company v. Craig Provost et al. late last year.

But presuming that 93A does apply in that context, Beck thinks the same conduct that would have established a valid 93A claim will meet the UTSA’s “willful and malicious” standard.

The article was written by Massachusetts Lawyers Weekly news reporter Kris Olson.

For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

Beck Reed Riden LLPBLF 2014_Silver_Generalis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience. The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. Recently, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

THE GILLETTE COMPANY vs. CRAIG PROVOST, JOHN GRIFFIN, WILLIAM TUCKER, DOUGLAS KOHRING and SHAVELOGIC, INC.

Docket: CIVIL ACTION NO. 2015-0149-BLS2
Date: September 22, 2015
Parties: THE GILLETTE COMPANY vs. CRAIG PROVOST, JOHN GRIFFIN, WILLIAM TUCKER, DOUGLAS KOHRING and SHAVELOGIC, INC.
Judge: /s/Janet L. Sanders

MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIMS

The Gillette Company (Gillette) brought this action against four former employees (collectively, the “individual defendants”) alleging that they misappropriated Gillette’s trade secrets to develop a wet shaving razor for defendant ShaveLogic, LLC (ShaveLogic). Count III of the Complaint asserts that the individual defendants violated Chapter 93A §11. They now move to dismiss that count on the grounds that the wrongdoing alleged (the misappropriation of confidential information) grew out of their employment with Gillette and that disputes arising from such a relationship are not actionable under Chapter 93A. Manning v. Zuckerman, 388 Mass. 8, 12-15 (1983). Relying on Informix v. Rennell, 41 Mass.App.Ct. 161, 162-163 (1996) (Lenk, J.), the defendants argue that the fact they were no longer employees of Gillette when they made use of the confidential information is of no consequence, since there would be no wrongdoing to complain of without the confidentiality agreement that was part of their original employment relationship. This Court finds this argument to be quite persuasive.

In opposing the motion, however, Gillette relies on Specialized Technology Resources, Inc. v. JPS Elastomeric, Corp., 80 Mass.App.Ct. 841 (2011) (Greene, J.). As in the instant case, the plaintiff there alleged that the individual defendant obtained certain trade secrets during his employment with plaintiff, then in breach of a confidentiality agreement that was part of his employment contract, misappropriated that information when he went to work for the defendant JPS. Upholding the judge’s finding of liability on the 93A clam, the Appeals Court held that the former employer-employee relationship between the plaintiff and the individual defendant “does not stand as a bar” to the chapter 93A claim and that his conduct was “actionable independent of his contractual obligations.” Id. at 847. Defendants maintain that Specialized was wrongly decided and that, if confronted with the same issue, the Supreme Judicial Court would come to a contrary conclusion. This Court is inclined to agree.

To dismiss this Count in the face of binding precedent to the contrary would not be appropriate, however. This issue is best addressed on a fuller record or even after a trial on a motion for a judgment notwithstanding the verdict if that becomes necessary. Accordingly, the Motion is DENIED, without prejudice.

/s/Janet L. Sanders
Justice of the Superior Court

Fortune Cites Beck Reed Riden LLP’s 50-State Noncompete Agreement Survey

FortuneThe online edition of Fortune magazine features an article that cites to Russell Beck’s research and writing about noncompete agreements. The recent article about non-competition covenants is titled “Non-Compete Agreements Are Bad for the Little Guy and Bad for the Larger Economy.” The article is by Fortune’s senior writer, Barb Darrow.

The story considers the position that non-compete agreements are bad for businesses and the economy. The article mentions Beck Reed Riden LLP’s 50 State Noncompete Survey as follows:

Prospective employees in high-tech often have to sign these agreements as a condition of employment. As of now, every state except Oklahoma, California, and North Dakota has non-compete provisions in some form. Even California appears to have some restrictions related to trade secrets, according to a survey by Boston law firm Beck Reed Riden.

In related news, in May 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” also relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

Beck Reed Riden LLPBLF 2014_Silver_Generalis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience. The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Stephen Riden To Moderate BBA Panel

ridenStephen Riden will moderate a panel at the Boston Bar Association titled “Business Litigation Session: Year In Review.” Stephen is member of the BBA’s Business and Commercial Litigation Section. The panel will be co-moderated by Cynthia M. Guizzetti of Nutter McClennen & Fish LLP.

BBAThe event will be held on Thursday, June 16, 2016, from 4:00 to 5:30 PM at 16 Beacon Street, Boston, MA. More information and registration is available here.

The panel features all four Massachusetts Superior Court Judges who are currently assigned to the Business Litigation Session:

  • Hon. Janet L. Sanders, Superior Court
  • Hon. Kenneth W. Salinger, Superior Court
  • Hon. Mitchell H. Kaplan, Superior Court
  • Hon. Edward P. Leibensperger, Superior Court

The Business Litigation Session of the Superior Court (BLS) provides a forum for business and commercial disputes. The BLS consists of two full time sessions committed to the timely and efficient resolution of commercial disputes and other complex cases. The BLS handles a wide array of cases, including matters involving corporate governance, professional malpractice claims, consumer class actions, trade secret cases, insurance coverage disputes, and variety of commercial contract disputes.

Beck Reed Riden LLPBLF 2014_Silver_Generalis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck to Speak on Federal Trade Secrets Law

Russell BeckRussell Beck will be giving a seminar titled “The Defend Trade Secrets Act of 2016: What You Need To Know.” The seminar is sponsored by the American Law Institute and will be held on Thursday, June 9, 2016, from 2 to 3 PM EDT. Registration and more information is available here.

The American Law Institute describes the upcoming seminar as follows:

American Law InstituteTrade secret theft has been a nightmare for employers and available legal tools to fight it were relatively weak. That changed on April 27 of this year, when in a departure from the partisan gridlock that has gripped Washington, the House of Representatives joined the Senate in passing a sweeping new statute to protect trade secrets, the Defend Trade Secrets Act of 2016 (DTSA). The DTSA creates a new federal civil cause of action for trade secret theft, as well as an ex parte seizure provision to prevent dissemination of misappropriated trade secrets.

Join us for this concise one-hour program, presented by two nationally recognized experts, and get the information you need to advise your clients on this new legislation and how it can be used to protect their vital trade secrets.

Russell will be presenting with Claire Laporte of Foley Hoag LLP, Boston.

Russell’s seminar this week follows a recent series of his presentations across the country about the Defend Trade Secrets Act of 2016.

Beck Reed Riden LLPBLF 2014_Silver_Generalis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell has been repeatedly honored for his work in this area of law in the Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck Ranked by Chambers

Russell BeckRussell Beck‘s experience with noncompete and trade secret matters is lauded in the 2016 Chambers USA Guide.

According to Chambers:

Russell Beck of Beck Reed Riden LLP is highly praised by peers, who commend his “impeccable credentials,” in the employment arena, and identify him as an “expert in noncompetition and trade secret laws.” He is an accomplished advocate in both trial and appellate courts, as well as mediation and arbitration proceedings.

Russell was first ranked by Chambers USA in its 2010 guide.

Beck Reed Riden LLPis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell has been repeatedly honored for his work in this area of law in the Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck’s Presentations on the Defend Trade Secrets Act

Russell BeckRussell Beck is giving a series of presentations across the country about the Defend Trade Secrets Act.

In May 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”)—a law that is arguably the most significant development in trade secrets law in over 30 years—putting trade secrets on par with other intellectual property.

On May 24, Russell spoke on a panel at the Boston Bar Association titled “The Defend Trade Secrets Act of 2016: A Federal Private Action for Global Unfair Competition.” The presentation focused on the anticipated utility of the new federal law:

Last month, responding to estimated annual losses to foreign thieves of $300 billion of trade secrets and 2.1 million jobs, Congress voted nearly unanimously (Senate 87-0, House 410-2) to enact the Defend Trade Secrets Act of 2016 (“DTSA”).

Will the new ex parte seizure provision adapted from anti-counterfeiting law help stem these losses?  Or does the existing Economic Espionage Act of 1996 framework into which DTSA was inserted expose American companies to claims of misappropriation in foreign territory?

On May 26, Russell appeared with a panel on a webinar hosted by the American Intellectual Property Law Association titled “Are you ready for the Defend Trade Secrets Act?” The presentation focused on what practitioners need to know and do regarding the DTSA. The panelists discussed the law’s addition of federal jurisdiction as an option for litigants, the statute creates opportunities and uncertainties around how and where to file litigation, as well as how to deal with combined state and federal claims.

White HouseOn May 26, Russell also gave a presentation with a panel at the Massachusetts Bar Association titled “What’s Mine is Mine — Trade Secrets: The new federal private right of action for misappropriation of trade secrets.”

On May 27, Russell and Stephen Chow, of Burns & Levinson, LLP, gave a seminar at Massachusetts Continuing Legal Education titled “‘1st Look at the Defend Trade Secrets Act.” The MCLE seminar focused on the impact of the DTSA on companies’ ability to protect their trade secrets, the potential ramifications of missteps along the way, and the risks to U.S. companies and others. A recording of this webcast is available online from MCLE.

In addition, on May 19, Russell moderated a panel discussion at the American Intellectual Property Law Association‘s 2016 Spring Meeting Session in Minneapolis, MN. The AIPLA presentation was titled “Corporate Practice/ Trade Secret Law” and it focused on topics including the ethics of monitoring employees for security breaches and the use of restrictive covenants for in-house counsel.

On June 13, 2016, Russell will be a panelist at the 8th Annual Symposium on Non-Compete Agreements and Trade Secrets in Boston. The Boston Bar Association is sponsoring the Symposium, which will be held on Monday, June 13, 2016, from 4 to 6:30 p.m. at 16 Beacon Street in Boston. Registration information is here.

BLF 2014_Silver_GeneralBeck Reed Riden LLPis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell has been repeatedly honored for his work in this area of law in the Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Hannah Joseph Featured in Massachusetts Lawyers Weekly

Screen Shot 2016-03-09 at 9.32.09 AMScreen Shot 2016-03-09 at 9.33.24 AMA recent edition of Massachusetts Lawyers Weekly features Hannah Joseph in a story titled “Small-firm associates band together to create group of ‘colleagues’.”

The story is about the Boston Associates’ Networking Group (BANG), which was co-founded by Hannah and Jessica L. Conklin (of Laredo & Smith LLP).

Massachusetts Lawyers WeeklyThe article describes the idea behind BANG and quotes Hannah as follows:

It all started with a humor column in a bar association publication about ways to relax while waiting for bar exam results. The piece resonated with Jessica L. Conklin, so she decided to invite the author, Hannah T. Joseph, a fellow Boston College Law School alum, to coffee.

Before the two Boston associates knew it, they were bonding over their shared experience of working at a boutique law firm, both grateful for the variety of work and opportunity for informal interactions with partners.

But they also lamented that their big-firm peers had a benefit unavailable to them: a ready-made group of other associates with whom to discuss legal issues and form social ties.

So Conklin and Joseph decided to replicate the connection they had made with each other on a larger scale. Earlier this year, they formally launched the Boston Associates’ Networking Group — or BANG — for associates at small and midsize firms and in-house legal departments.

“When you’re in a room or on a floor with 15 to 20 other associates, there’s a word-of-mouth information exchange that happens naturally. We’re trying to re-create that,” says Joseph, who practices at Beck, Reed, Riden.

The article notes BANG’s growth and connection to the Boston legal community:

The group, which now includes some three dozen members from about 30 firms and companies, meets for a monthly lunch sponsored by one of the members’ firms. The willingness of those firms to host BANG “speaks volumes” about their support, according to Joseph.

“They realize that an important part of practicing law in Boston is engaging in the legal community,” she says.

The article is by Massachusetts Lawyers Weekly’s reporter, Sheri Qualters.

You can visit BANG’s website at www.bang-law.com.

BLF 2014_Silver_GeneralBeck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

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