Russell Beck in Lawyers Weekly on Federal Action on Noncompete Agreements

Russell Beck‘s article about President Biden’s recent Executive Order on noncompete agreements was recently published by Massachusetts Lawyers Weekly.

Russell’s article, titled “The ‘Great Resignation,’ departing employees and new federal efforts to restrict noncompetes,” discusses President Biden’s order encouraging the FTC to exercise its rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” In addition, the article suggests practical steps companies should consider to protect their business interests in light of the recent Executive Order.

According to the article,

The Great Resignation is coming. Unprecedented numbers of employees are expected to change jobs, and more than half of them will take confidential company information. Worse, 40 percent of them will use that information at their new job.

Massachusetts Lawyers Weekly

Companies frequently protect their trade secrets from this type of exfiltration with narrowly tailored noncompetes that prevent employees from taking jobs in which they are likely to use their former employer’s confidential information. These agreements are an important part of an effective trade secret protection program.

However, on July 9, President Biden issued an “Executive Order on Promoting Competition in the American Economy” calling for the Federal Trade Commission to “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

he article provides an overview of recent state and federal efforts to regulate the use of non-compete agreements. The current status of non-competition agreements is as follows:

Although states have, for the most part, been imposing various wage thresholds and notice requirements, the federal government has not yet taken action. Congress has not voted to ban noncompetes. Biden did not ban noncompetes though his executive order. And the FTC has not banned noncompetes. But they may.

The article concludes with suggestions for practical steps that companies can take now to prepare for federal regulation of noncompete agreements:

First, if you want to be heard, reach out to the FTC and Congress.

Second, review all existing restrictive covenants, whether contained in employment agreements, RSU agreements, stock option agreements, long-term incentive agreements, or other agreements.

Also, review and strengthen as appropriate all policies and codes of conduct. But be mindful of other applicable laws, including, for example, D.C.’s forthcoming prohibitions on anti-moonlighting requirements.

Third, make sure that there is a culture of confidentiality at your clients’ companies. That is not to say that all information needs to be locked down. There is always a balance. If information is locked down too tightly, work becomes less efficient and people will find workarounds, likely resulting in even less security for the information.

____

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 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 Law360 on Federal Noncompete Order

Russell Beck‘s article about President Biden’s recent Executive Order on noncompete agreements was published by Law360 under the title, “FTC Should Take Nuanced Approach On Noncompete Regs.

Among other things, Biden’s order encourages the FTC to exercise its rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

Russell’s analysis begins with an overview of recent state and federal initiatives to restrict or eliminate the use of noncompete agreements. With respect to Biden’s recent directive to the FTC, Russell explains that “even assuming that the FTC has authority to regulate in this area, proper regulation of noncompetes is a very nuanced issue with which states have wrestled for over 200 years.”

n the article, Russell notes that there are competing viewpoints about what the FTC should do.

On one side, there are opponents of noncompete agreements who seek to ban them altogether, variously contending that “non-compete clauses inflict real harms on workers and competition and offer no credible offsetting benefits to society,” and that “employers use non-compete clauses to discourage workers from seeking, or even exploring, alternative work and business opportunities.”

On the other side, Russell notes that there are many who urge restraint and suggest “that any regulation should focus on leveling the playing field and adding additional transparency and fairness to the use of noncompetes.” This was the approach suggested by Russell Beck and scores of other experts in the field who recently submitted a letter to the FTC.

Given that it may be more than a year before the FTC issues any noncompete regulations, Russell advises that companies take the following three steps now:

  1. Reach out to the FTC to share your view.
  2. Review any restrictive covenant agreements, including those contained not just in employment agreements, but in restricted stock unit agreements, stock option agreements, long-term incentive agreements and other agreements. Also, review all policies and codes of conduct and strengthen them as appropriate.
  3. Make sure that there is a culture of confidentiality at your company. Training is critical. If you are not providing training at all stages of the employment life cycle — at the time of onboarding, during the employment relationship, and at off-boarding — you are potentially exposing your work to contamination by someone else’s information, and exfiltration and loss of your own trade secrets.

Russell was recently featured on NPR discussing President Biden’s Executive Order. 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. In December 2019, Law360 also published an article by Russell Beck and Erika Hahn about federal noncompete reform efforts.

____

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 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 Quoted in NPR Coverage of Biden Executive Order

NPR logoA recent episode of Weekend Edition Saturday on NPR featured Russell Beck in a story titled “What Biden’s Latest Executive Order Means For Businesses And Consumers.”

The story focused on President Biden’s recently-issued Executive Order. Among other things, the order encourages the FTC to exercise its rulemaking authorty “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

The story was reported by Andrea Hsu, NPR’s labor and workplace correspondent.

The following is a portion of Ms. Hsu’s interview with the host of Weekend Edition Saturday, Scott Simon:

Weekend Edition SaturdaySIMON: Can [President Biden] do that – a federal ban on noncompete agreements?

HSU: Well, it’s unclear. It’s certainly not going to be immediate, and it may not be a total ban. I talked with Russell Beck. He’s this attorney in Boston who tracks state laws on noncompetes. He thinks the Federal Trade Commission is likely to do something narrower, maybe something focused on low-wage workers. But he doesn’t think they’ll ban noncompetes in all workplaces.

RUSSELL BECK: I would be very surprised if the FTC went so far as to ban noncompetes for people who really do have trade secret information, other confidential information that needs to be protected.

HSU: But Beck says it’s also in question whether the FTC has the authority to enact such a ban. You know, regulation of noncompete agreements has until now been left to the states. Three states already ban them, California being the biggest, and close to a dozen states ban them for low-wage workers. So even if the FTC does move on this, it’s going to take a while. I spoke to a former acting chair of the FTC, and she said we may see a proposed rule out fairly quickly, but federal rulemaking, you know, takes forever. It has to be submitted to Congress. There are public comment periods, revisions and so on. And so it could be a year before a rule is issued. And that, Scott, would be considered fast.

Listen to the full story here.

Russell Beck was also quoted by NPR in an article appearing online discussing the same topic as follows:

[A] sweeping federal rule would be a significant departure and is expected to be challenged by businesses. At a workshop held by the FTC in January 2020, questions were raised over whether the agency even has the authority to enact a ban. Given the likelihood of legal challenges, some expect the FTC to take a narrow approach, for example banning noncompete agreements for low-wage workers rather than for everyone.

“I think a considered approach would probably be the likely approach,” says Russell Beck, a Boston attorney who has represented both employers and employees in noncompete cases.

He says he’d be very surprised if the FTC went so far as to ban noncompetes for workers who possess trade secrets or other confidential information that warrants protection.

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. In December 2019, Law360 also published an article by Russell Beck and Erika Hahn about federal noncompete reform efforts.

____

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 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.

 

The Legal 500 Names Russell Beck a “Leading Lawyer”

Russell Beck has been recognized by The Legal 500 United States 2021 as a Leading Lawyer for trade secrets attorneys in the U.S.

Russell Beck is the only attorney from a small firm included on this list of national experts.

According to one testimonial from The Legal 500, Russell Beck is “a standout in developing and arriving at knowledgeable solutions to non-compete and trade secret issues. Exercises good judgment and very user friendly.”

In addition, Beck Reed Riden LLP was recommended in the category of “Trade secrets (litigation and non-contentious matters).”

The following is the independent editorial write up from The Legal 500 on the firm’s ranking:

Boutique firm Beck Reed Riden LLP boasts a breadth of expertise in trade secrets and restrictive covenants, with particular specialisms in trade secret protection, business litigation and employment matters. The firm is also known for counseling on company-wide trade secrets protection and employee movements. The team has helped to shape federal and state legislation in the area, advising federal legislators, state legislators and administrations at the federal and state levels. Russell Beck leads the practice from the firm’s Boston office and provides contentious and non-contentious trade secrets advice across the US.

The Legal 500 US provides impartial, third-party opinions on leading lawyers and law firms across the country. The Legal 500 relies upon a sophisticated methodology to determine which firms and attorneys are included in its list.

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 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.

The Legal 500 Recommends Beck Reed Riden LLP

The Legal 500 - The Clients Guide to Law FirmsBeck Reed Riden LLP has been recognized by The Legal 500 United States 2021, an analysis of law firms based on surveys and client interviews. The firm has been recommended in the category of “Trade secrets (litigation and non-contentious matters).”

Only 37 law firms in the United States are named. And Beck Reed Riden LLP is the only small firm included on this list.

Russell Beck was recognized as a Leading Lawyer for trade secrets attorneys in the U.S.

The following is the independent editorial write up from The Legal 500 on the firm’s ranking:

Boutique firm Beck Reed Riden LLP boasts a breadth of expertise in trade secrets and restrictive covenants, with particular specialisms in trade secret protection, business litigation and employment matters. The firm is also known for counseling on company-wide trade secrets protection and employee movements. The team has helped to shape federal and state legislation in the area, advising federal legislators, state legislators and administrations at the federal and state levels. Russell Beck leads the practice from the firm’s Boston office and provides contentious and non-contentious trade secrets advice across the US.

Leading Lawyer and practice head: Russell Beck

Other key lawyers: Stephen Riden; Nicole Corvini Daly; Hannah Joseph

Testimonials

“The team is very user friendly and up to date on the latest legal developments. They bring an informed and practical approach to problem solving.”

“Russell Beck – a standout in developing and arriving at knowledgeable solutions to non-compete and trade secret issues. Exercises good judgment and very user friendly.”

‘Nicole Daly – a pleasure to deal with on wrongful termination issues and contract drafting.’

“Steve Riden – brings experience and the ability to give practical guidance.”

“Hannah Joseph- a talented lawyer to watch and a tenacious litigator.”

Key clients

    • Staples, Inc.
    • Novartis Pharmaceuticals Corporation
    • Intellia Therapeutics, Inc.
    • Blue-Grace Logistics LLC
    • Syneos Health
    • Ideal Image, Inc.
    • UG2 LLC
    • Bottomline Technologies, Inc.
    • Bay Equity LLC
    • Alegeus Technologies, LLC

Work highlights

    • Counselling Staples on questions concerning the protection of company trade secrets and related issues in connection with, among other things, employee hires and departures.
    • Providing day-to-day counselling to Novartis on questions concerning the protection of company trade secrets and related issues in connection with, among other things, employee hires and departures.
    • Represented Syneos Health in three separate lawsuits (in three different jurisdictions) stemming from a mass defection of employees and the theft of company clients, trade secrets, and other confidential information.

The Legal 500 US provides impartial, third-party opinions on leading lawyers and law firms across the country. The Legal 500 relies upon a sophisticated methodology to determine which firms and attorneys are included in its list.

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 Hannah Joseph to Speak at Inaugural Trade Secrets Conference

Russell Beck and Hannah Joseph will be speaking at the first ever Boston Bar Association Trade Secrets and Restrictive Covenants Conference. The online conference will take place on June 9, 2021, from 9:00 a.m. to 2:15 p.m. ET.

Registration information can be found here.

The conference was first suggested by Russell, who also helped organize the event. Russell will be moderating and speaking on the panel titled, “The Implications of the Massachusetts Noncompetition Agreement Act and Other State and Federal Legislative Developments.”

Hannah will be speaking on a panel titled, “Trade Secret Protection Programs: What Companies and their Advisors Need to Know Now.”

Other sessions will include a multi-side role-play perspective on risk mitigation during a key employee departure.

The conference will feature more than one dozen speakers and moderators, including several judges from Massachusetts federal and state courts.

____

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.

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.

Chambers Lauds Russell Beck’s Noncompete and Restrictive Covenant Expertise

Russell Beck’s experience with noncompete matters is lauded in the 2021 Chambers USA Guide.

According to Chambers:

Russell Beck is a well-known employment lawyer, with specific expertise in the noncompete area. “He is one of the most preeminent noncompete and restrictive covenant lawyers in the country.”

Chambers also notes that “He is very responsive.”

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

____

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 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 on the Ethics of Noncompetes

On June 2, 2021, a one-hour podcast by Russell Beck about the ethics of noncompete agreements will be available to download here.

According to the program description:

Noncompetes are under siege, but lawyers have been exempt under Rule 5.6 of the Model Rules of Professional Conduct – a point often raised during legislative activities about noncompetes. But the restriction is not absolute. What does Rule 5.6 really mean? And, how do the confidentiality rules (Rule 1.6) and successive representation rules (Rule 1.9) affect the practical impact of Rule 5.6?

Unless and until noncompetes are eliminated generally, lawyers representing parties involved in noncompete matters face multiple potential traps for the unwary. Can you ethically draft a noncompete for a company with a nationwide workforce? Can you ethically draft a noncompete that is going to be used for its in terrorem effect? Can you – and should you – represent the new employer and the employee it just hired?

In addition to Russell, this presentation also features Peter Steinmeyer and Erik Weibust.

The presentation, hosted by West LegalEdcenter, provides CLE credit in most states. Registration and additional information can be found here.

West LegalEdcenter is part of the legal solutions provided by Thomson Reuters.

____

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 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 Speaks at Pacific Coast Labor & Employment Law Conference

On May 7, 2021, Russell Beck spoke at the Pacific Coast Labor & Employment Law Conference. Russell’s panel presentation was titled “Restricting Restrictive Covenants: Trends and Lessons from Boston Harbor to Silicon Valley.”

A full program for the conference is available here.

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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 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 About Emerging Trade Secrets Issues

On Thursday, April 1, 2021, Russell Beck will be speaking at Nera Economic Consulting’s program on trade secrets. The program, which will be held online, is titled “Trade Secrets Roundtable on Developments and Emerging Issues.”

The program starts at 12 p.m. ET on April 1, 2021. Registration is available here.

The program will address emerging issues in trade secrets litigation. The panelists will cover new developments in non-compete agreements and the expected impact on trade secrets litigation; what satisfies the reasonable efforts requirement; and considerations in early case assessment, including when and how to involve an expert. The panel will also address how the COVID-19 pandemic has impacted trade secrets litigation.

The panel also features:

____

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 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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