Russell Beck to Chair Noncompete and Restrictive Covenants Conference

September 24, 2023
, , Federal Noncompete Regulation, News, Noncompete agreements, Trade Secret

Russell Beck will be serving as the chairperson of Practising Law Institute’s full-day program on noncompete agreements.

The program, which will be held in New York City, is titled “Noncompetes and Restrictive Covenants 2023: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know.”

The conference starts at 9 a.m. ET on September 28, 2023. Russell will be giving the opening remarks. More information and registration is available here.

This conference is “a unique full-day program,” offering an in-depth look at noncompete laws nationally.

Throughout the day, experts in the field of employee restrictive covenant agreements will be giving informative presentations. The program is described as follows:

Noncompete laws around the country are changing. The federal government is getting involved. How can your clients protect themselves? How will you advise them? Don’t miss your chance to attend this unique full-day program, to learn how through a deep dive discussion with experts who will explain how to manage through these changes!

Imagine that one of your client’s key employees just left to go to a competitor in violation of a noncompete. Or your client is that competitor and has just received a cease and desist letter demanding that it terminate the employee. Or your client is that employee. Or it is not just one key employee, but a group of employees in a mass lift-out. What do you do?

Noncompete agreements and similar restrictive covenants help companies protect their trade secrets, customer relationships, and other recognized legitimate business interests. But, noncompete laws vary state by state, ranging from bans in California, Oklahoma, and North Dakota, to strong, pro-enforcement policies in Florida. And, while public opinion, evolving state legislation, emerging federal regulation, and trends in judicial review and enforcement are moving toward greater limitations on the use of these agreements, the risks posed by employees who are not subject to restrictive covenants is increasing.

Understanding the changing landscape and its complications and implications is nothing short of critical – particularly for companies engaged in business across state lines.

Bringing together experts and thought leaders from around the country, the program delves into nuanced and advanced issues from the perspectives of the employee, the former employer, and the new employer.

In addition, according to the course description, attendees will:

  • Hear about the latest legislative developments regarding noncompete agreements, nondisclosure agreements, and other restrictive covenants, as well as best practices from practitioners
  • Learn what the protectable business interests are and how to protect them, particularly with a remote workforce and during employee departures and on-boarding
  • Find out advanced practices for seeking and defending against temporary restraining orders, preliminary injunctions, and related preliminary orders
  • Gain insight into the practical aspects of enforcing and defending against noncompetes
  • Understand the key issues and what to do when a key employee leaves, and how the strategy changes when there is a group lift-out
  • Learn how to spot and avoid the ethical traps common in restrictive covenant matters

The presentation is for any “in-house counsel, business and trade secrets litigation counsel, employment lawyers, human resources professionals, and other allied key strategic personnel.”

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.

eck Reed Riden LLP is 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. In 2016, 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, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • 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 administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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.

Nicole Corvini Daly and Sarah Tishler to Speak at Noncompete and Restrictive Covenants Conference

September 24, 2023
, , Federal Noncompete Regulation, News, Noncompete agreements, Trade Secret

Nicole Corvini Daly and Sarah Tishler will be speakers at Practising Law Institute’s full-day program on noncompete agreements.

The program, which will be held in New York City, is titled “Noncompetes and Restrictive Covenants 2023: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know.”

The conference starts at 9 a.m. ET on September 28, 2023. More information and registration is available here.

Nicole and Sarah’s presentation is titled “A Deep Dive into State Law Changes and Their Implications.”

Their panel will explore recent changes in state laws concerning noncompetes. The panelists will focus on the following topics:

  • Understanding the latest low wage thresholds
  • State-level notice requirements
  • Implementing the “Colorado summary”
  • Evaluating options for jurisdiction/choice of law – forum selection
  • State-level fines noncompliance with noncompete requirements

This conference is “a unique full-day program,” offering an in-depth look at noncompete laws nationally. Russell Beck is chairing the conference.

Nicole Corvini Daly is a partner at Beck Reed Riden LLP. Her practice focuses on litigating and advising on the use and enforceability of noncompete, nonsolicitation, and nondisclosure agreements.

Sarah Tishler is a commercial litigator whose practice focuses on complex business disputes in state and federal courts, including intellectual property, breach of contract, and fraud claims.

eck Reed Riden LLP is 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. In 2016, 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.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 and Sarah Tishler in the Boston Bar Journal on Noncompete Regulation

August 7, 2023
, , Federal Noncompete Regulation, News, Noncompete agreements

Russell Beck and Sarah Tishler’s article about the FTC’s proposed nationwide rule banning non-compete agreements was recently published by the Boston Bar Journal.

The article, titled “The FTC New Proposed Rule on Non-Competes,” explores the arguments for and against adopting the FTC’s proposed nationwide ban on noncompetes. The article is presented in a point / counterpoint format, with Russell and Sarah’s article providing the perspective against the proposed rule, and Spencer Thompson and Patricia Washienko of Washienko Law Group, LLC, writing in support of the proposed rule.

For context, the FTC’s proposed rule provides:

“It is an unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with a worker; maintain with a worker a non-compete clause; or represent to a worker that the worker is subject to a non-compete clause where the employer has no good faith basis to believe that the worker is subject to an enforceable non-compete clause.”

Moreover, the proposed rule sets forth a proposed “functional test” for defining what qualifies as a non-compete. That test would consider a contractual term to be

“a de facto non-compete clause because it has the effect of prohibiting the worker from seeking or accepting employment with a person or operating a business after the conclusion of the worker’s employment with the employer.”

s Russell and Sarah explore in the article, this statutory language and accompanying test is so broad that virtually any restrictive covenant – including nondisclosure agreements, nonsolicitation agreements, and no-service agreements – could be rendered invalid. The proposed rule carries with it numerous unintended and detrimental consequences, does not further the FTC’s stated goals, and deprives the states of the ability to tailor noncompete legislation to the economic and labor practicalities of their workforce.

Russell and Sarah explain that the

the Proposed Rule would bring to a screeching halt the state-level activity on non-competes, depriving the states of their function as the laboratories of democracy (to paraphrase Justice Brandeis). In the last decade alone, nearly two-thirds of U.S. states have made changes to their laws on non-competes. State legislatures are able to tinker with the specific policies that work best for their unique economic environments; a policy that may work well in Boston may not be the right fit for Bangor.

The Boston Bar Journal is a peer-reviewed, online publication of the Boston Bar Association. It presents timely information, analysis, and opinions to more than 10,000 lawyers in nearly every practice area. The Boston Bar Journal is governed by a volunteer Board of Editors dedicated to publishing outstanding articles that reflect their authors’ independent thought.

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.

eck Reed Riden LLP is 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. In 2016, 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, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • 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 administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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.

Nicole Corvini Daly and Russell Beck to Speak about Trade Secret Protection at Boston Bar Association

July 12, 2023
, , Federal Noncompete Regulation, News, Noncompete agreements, Trade Secret

On Thursday, July 13, 2023, Russell Beck and Nicole Corvini Daly will be speaking at the Boston Bar Association’s program on protecting trade secrets.

The program, which will be held online, is titled “Protecting Trade Secrets as Your Tools are Taken Away by the NLRB, the FTC, and Others.”

The 1-hour program starts at 12 p.m. ET on July 13, 2023. More information and registration is available here.

The program will discuss practical steps that companies can and should take now, in light of recent state and federal efforts to eliminate noncompete agreements. The program is described as follows:

For over 200 years, noncompetes have provided protections for companies’ trade secrets and other legitimate business interests. But the FTC, the NLRB, and some state governments are starting to take them away, and the tide of public opinion is reaching further.

What will your clients and companies do? How will employees be affected? Will it be good? Will it be bad?

This program will provide the state of the law, explain what the NLRB, the FTC, and others are doing to erode the available trade secret protections, and discuss how to protect your company and your clients now.

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.

eck Reed Riden LLP is 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. In 2016, 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, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • 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 administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 and Nicole Corvini Daly to Speak at PLI Program on Noncompete Regulations

July 10, 2023
, , , Federal Noncompete Regulation, News, Noncompete agreements

On Tuesday, July 11, 2023, Russell Beck and Nicole Corvini Daly will be speaking at Practising Law Institute’s program on noncompete agreements.

The program, which will be held online, is titled “NLRB General Counsel Says Noncompetes Violate the NLRA: What Your Company and Clients Need to Know and Do Now.”

The program starts at 3 p.m. ET on July 11, 2023. More information and registration is available here.

The program will address the recent memorandum issued by the General Counsel of National Labor Relations Board asserting that most noncompete agreements violate the National Labor Relations Act. The program is described as follows:

Did one person at the National Labor Relations Board just change 200 years of state noncompete law? Sort of.

For over 200 years, noncompetition agreements have been governed by state law. Forty-seven states and Washington, D.C. permit the use of reasonable noncompetes. But on May 30, 2023, the General Counsel of the National Labor Relations Board issued a memorandum proclaiming that most noncompetes violate the National Labor Relations Act. And, it is not just those agreements; other agreements – like no-recruit covenants – are in the crosshairs too.

This program will provide an understanding of the General Counsel’s position, what will likely happen, and how to protect your company and your clients in the face of it.

During this discussion registrants will:

    • Learn what the General Counsel’s memo says and what it means (15 minutes)
    • Understand how the General Counsel’s perspective lines up with recent state and federal efforts to limit noncompetes (10 minutes)
    • Gain an understanding of the legal implications for companies using noncompetes (10 minutes)
    • Find out what will happen next (10 minutes)
    • Discover the steps to take now to protect your client’s business interests in the event noncompetes are curtailed for certain groups of workers (15 minutes)

The program is tailored for lawyers and human resources personnel who work with companies or individuals in evaluating, enforcing, and defending against noncompetes and other restrictive covenants, as well as anyone involved in the hiring of employees, and anyone else responsible for an organization’s internal hiring policies or lobbying on related issues.

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.

eck Reed Riden LLP is 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. In 2016, 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, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • 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 administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 Featured in Bloomberg Law on Noncompete Agreements

June 26, 2023
, , , , , , , , , Federal Noncompete Regulation, News, Noncompete agreements

Russell Beck was quoted in a Bloomberg Law article about state and federal efforts to ban noncompete agreements.

The story is titled “States Add to ‘Fire Hose’ of Noncompete Issues Vexing Employers.” The June 13, 2023, article was written by Chris Marr, who writes about labor & employment news for Bloomberg Law.

The article discusses growing support in state legislatures and in the federal government to restrict or ban the use of noncompete agreements. The article discusses Minnesota’s recent noncompete ban and the proposed rule issued by the Federal Trade Commission that would essentially forbid noncompete agreements.

The article quotes Russell as follows:

Employers nationwide, but especially in states enacting strong restrictions, need to think carefully about when and why they’ve used noncompetes historically and consider alternative strategies going forward, said Russell Beck, an attorney at Beck Reed Riden LLP in Boston.

“Typically what they’re trying to protect is their information including trade secrets and confidential information, as well as their relationships with the customers,” he said.

Other ways to protect those assets include strengthening physical and electronic security for confidential data, training employees on their obligations, and improving processes for reinforcing customer relationships immediately after a key employee leaves, according to Beck.

Some companies also have begun to use notice requirements in place of noncompetes, he said. For example, a company might require an employee to give a 30- or 60-day notice before leaving, and the business could opt to keep them on the job or else pay them to stay home for that time period while the company takes steps to secure customer relationships that might be affected—a version of the garden leave concept that’s common in UK employment contracts.

Since the article was published, the state of New York has inched closer to a complete noncompete ban.

Russell frequently writes about current efforts to regulate noncompete agreements. He was featured on NPR and quoted in the New York Times discussing federal regulatory efforts targeting noncompete agreements. In January 2023, Russell wrote an article for Law360 called “Companies Must Brace For FTC’s Overbroad Noncompete Rule.” In April 2020, Russell Beck and Erika Hahn’s article about the FTC’s investigation about whether it should regulate noncompetes was published by Law360. In July 2019, Law360 published Russell Beck’s analysis of misconceptions in the noncompete debate.

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

eck Reed Riden LLP is 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. In 2016, 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, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • 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 administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 and Nicole Corvini Daly to Speak at PLI Noncompete Agreement Program

May 15, 2023
, , , Federal Noncompete Regulation, News, Noncompete agreements, Trade Secret

On Wednesday, May 17, 2023, Russell Beck and Nicole Corvini Daly will be speaking at Practising Law Institute’s program on noncompete agreements. Russell is the Chairperson of the event.

The program, which will be held in New York City and is also available online, is titled “Fundamentals of Noncompetes 2023.”

The program starts at 1:30 p.m. ET on May 17, 2023. More information and registration is available here.

Speakers will “provide all of the essential information you need to know about restrictive covenant law, including understanding the types of restrictive covenants, the interests they can protect, and the rules for their use.”

In addition, according to the course description, attendees will learn how to:

  • Identify the key issues concerning restrictive covenant law and the various kinds of restrictive covenant agreements
  • Understand the basics of trade secrets, goodwill, and other protectable business interests
  • Evaluate and update agreements to protect your company’s business interests from departing employees
  • Manage through the common issues in litigation concerning noncompetes and other restrictive covenants

The presentation is for any “lawyer or human resources personnel that will be assisting companies or individuals in evaluating, enforcing, and defending against noncompetes and other restrictive covenants, anyone involved in the hiring of employees, and anyone else responsible for an organization’s internal hiring policies.”

Russell will be giving the opening remarks for the program. Nicole will be speaking on a panel titled “Soup to Nuts: The Basics of Restrictive Covenant Litigation.” This panel will discuss the basic components and strategies of litigating matters concerning restrictive covenants. The panelists will provide:

  • Insight into the key issues that often arise in restrictive covenant litigation
  • Information about approaching and handling a case from the perspective of a plaintiff and defendant
  • Discussion of how a carefully crafted preliminary injunction order can protect your company and/or client’s interests, and avoid the need for protracted litigation

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.

eck Reed Riden LLP is 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. In 2016, 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, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • 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 administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 at DRI’s Business and Intellectual Property Litigation Conference

April 26, 2023
, Defend Trade Secrets Act, Federal Noncompete Regulation, News, Noncompete agreements, Trade Secret

On Thursday, April 27, 2023, Russell Beck will be speaking at DRI’s 2023 Business and Intellectual Property Litigation Super Conference. The event will be held in New Orleans.

Russell’s presentation is titled “Hold onto Your Trade Secrets: The Winds of Change are Howling Around Employee Noncompete Agreements.”

The three-day, in-person program starts on April 26, 2023. More details are available here.

According to the event’s description, at DRI’s Business Litigation and Intellectual Property Super Conference, among other things, attendees will learn about generational differences impacting the practice of law, issues in front of the Supreme Court and the anticipated effects of future rulings, the sweeping changes affecting restrictive covenants.

Russell’s presentation on noncompete agreements is described as follows:

Nearly sixty percent of employees who change jobs admit to stealing trade secrets on their way out the door. The harm to the economy and innovation caused by the misappropriation is so great that it led to the near unanimous passage of the Defend Trade Secrets Act of 2016, establishing a federal private right of action for trade secret misappropriation. Yet, in the name of enhancing employee mobility, the key agreements designed to protect trade secrets — employee noncompete and nondisclosure agreements — are under attack in legislatures across the country, in Congress, and at the Federal Trade Commission. This presentation will explore this dilemma and the steps companies can take to protect their trade secrets in the face of recent and anticipated regulation favoring employee mobility over the protection of trade secrets.

DRI is the largest international membership organization of attorneys defending the interests of business and individuals in civil litigation.

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

Russell frequently writes and speaks about current efforts to regulate noncompete agreements. He was featured on NPR and quoted in the New York Times discussing federal regulatory efforts targeting noncompete agreements. In January 2023, Russell was quoted in a Bloomberg Law article about the FTC’s proposed rule, and he wrote an article for Law360 called “Companies Must Brace For FTC’s Overbroad Noncompete Rule.” In April 2020, Russell Beck and Erika Hahn’s article about the FTC’s investigation about whether it should regulate noncompetes was published by Law360. In July 2019, Law360 published Russell Beck’s analysis of misconceptions in the noncompete debate.

eck Reed Riden LLP is 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. In 2016, 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, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • 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 administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 Featured in The National Law Journal on Noncompetes

February 11, 2023
, , , , Federal Noncompete Regulation, News, Noncompete agreements

A recent issue of The National Law Journal features discussion with Steve Riden in an article titled “Legal Industry Is Split on FTC’s Proposed Ban on Non-Competes.”

The article covers the Federal Trade Commission’s proposed Noncompete Clause Rule, which would essentially ban all employee noncompete agreements. The report was written by Christine Schiffner, Bureau Chief for the National Law Journal in Washington, D.C.

In the article, attorneys discuss a variety of viewpoints about the value of noncompete agreements, and assess the FTC’s proposal to restrict such provisions. Steve Riden is quoted as follows:

“We would suggest that the FTC reconsider an outright ban of non-compete agreements,” said Boston-based Beck Reed & Riden partner Stephen Riden. He and the firm’s other name partner Russell Beck spearheaded the publication of an open letter signed by 59 attorneys underscoring the effectiveness of non-compete agreements to protect trade secrets and “stealing confidential company information” when employees leave their jobs. His firm is also planning to actively weigh in during the FTC’s public comment period.

***

While 47 U.S. states currently permit non-competes and three states have enacted bans, Riden points out that “there are measures that can be taken to soften the impacts of non-competes,” including clear disclosures and more transparency during the hiring process. “Companies could provide notice of the non-compete agreements before the employee accepts the job,” Riden said—“so employees start a new role with their eyes wide open.”

***

While the FTC argues that the new rule would promote “greater dynamism, healthy competition, and innovation,” defense attorneys disagree. Particularly in circumstances of employees handling confidential or even trade secret information, non-compete clauses “give the old employer the opportunity to protect and further capitalize on the confidential information,” Riden said.

Steve has substantial experience representing companies and individuals in trade secret, noncompete, and unfair competition matters.

eck Reed Riden LLP is 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. In 2016, 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.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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 Massachusetts Lawyers Weekly Panel About Proposed Noncompete Ban

January 25, 2023
, , , Federal Noncompete Regulation, News, Noncompete agreements

Russell Beck will appear on a panel assembled by Massachusetts Lawyers Weekly titled “FTC Proposes Nationwide Ban on Non-Competes.”

The seminar will focus on the Federal Trade Commission’s proposed Noncompete Clause Rule, which would essentially ban all employee noncompete agreements. The free event will be held on Monday, January 30, 2023, at 2:00 p.m. ET on Zoom. More information and registration is available here.

Anyone who is unable to attend the live session should still register, as Lawyers Weekly will send a recording and the slides after the presentation.

Panelists will discuss the current landscape, what the rule says, what the impact will be on employers, what the timeline might be for implementation, the implications for non-disclosure agreements and other restrictive covenants, what alternatives the FTC might consider, and what businesses can do.

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

Russell frequently writes and speaks about current efforts to regulate noncompete agreements. He was featured on NPR and quoted in the New York Times discussing federal regulatory efforts targeting noncompete agreements. In January 2023, Russell was quoted in a Bloomberg Law article about the FTC’s proposed rule, and he wrote an article for Law360 called “Companies Must Brace For FTC’s Overbroad Noncompete Rule.” In April 2020, Russell Beck and Erika Hahn’s article about the FTC’s investigation about whether it should regulate noncompetes was published by Law360. In July 2019, Law360 published Russell Beck’s analysis of misconceptions in the noncompete debate.

eck Reed Riden LLP is 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. In 2016, 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, and includes:

  • Over thirty years of experience working on trade secret, noncompete, and unfair competition matters
  • Assisting the Obama White House as part of a small working group to develop President Obama’s Noncompete Call to Action
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), used by other lawyers to help them with their noncompete matters
  • Authoring the book Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019), covering trade secrets nationally, with a focus on Massachusetts law
  • 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 administering the award-winning blog, Fair Competition Law
  • Establishing and administering the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,660 and 870 members, respectively, 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 2020 Chambers USA Guide, which stated that Russell Beck is “an expert in the field of trade secret and restrictive covenant law,” and is also noted for his “ability to adjust and come up with successful solutions.” Chambers noted that Russell “basically wrote the new Massachusetts statute on noncompetes” and that “he’s an expert in employee mobility and nonrestrictive covenants.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation 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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