Russell Beck

(617) 500-8670

rbeck@beckreed.com

Russell has over 30 years of experience as a complex business, trade secrets, and restrictive covenant litigator, representing clients throughout the country.

Russell represents clients in Massachusetts and nationally, both in litigation and in the prevention and minimization of litigation and litigation risks.

A leading authority on the law of trade secrets, noncompetes, and employee mobility, Russell literally wrote the law, wrote the book, and teaches the course on noncompete law in Massachusetts. He also revised the Massachusetts Uniform Trade Secrets Act. He wrote the books Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019) and Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021), teaches the course Trade Secrets and Restrictive Covenants at Boston University School of Law, and co-hosts a podcast on trade secrets and restrictive covenants called Fairly Competing.

• In 2016, he was invited to the White House to participate in working group discussions that led to the development by the White House of a Call to Action on noncompetes. (He was the only private practice lawyer to participate in those discussions.)
• He was asked to draft one of the first two noncompete bills filed in Massachusetts. For the next decade, he advised several Massachusetts legislators on potential trade secrets and noncompete legislation, drafted or revised many of the proposed noncompete bills (including most of the language in the law that became effective on October 1, 2018), modified the trade secrets bill (which became law effective on October 1, 2018), and provided advice to Former Governor Duval Patrick’s Administration about its proposed noncompete and trade secrets bill.
• He has assisted a United States Senator on proposed noncompete legislation.

He has been quoted and his work cited in The Wall Street Journal, The New York Times, The Boston Globe, The Boston Herald, Fortune, CNBC, and Le Monde, as well as by the White House and the United States Treasury Department. He has also been interviewed on PBS Newshour, On Point (NPR/WBUR), Weekend Edition (NPR), and NECN News, and was featured in the cover story of Super Lawyers New England Magazine.

Russell has prepared several widely used resources:

• He authored the book, Trade Secrets Law for the Massachusetts Practitioner (1st ed. MCLE 2019) (covering trade secrets nationally, with a focus on Massachusetts law).
• He authored the book, Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (6th ed., MCLE, Inc. 2021) (covering Massachusetts noncompete law).
• He authored the chapters Trade Secret Misappropriation and Noncompetition Agreements for Intellectual Property Practice (MCLE, Inc. 2004-2016) (covering trade secrets law nationally and Massachusetts noncompete law).
• He prepared the firm’s widely-used 50 State Noncompete Survey (the first of its kind and updated regularly since 2010).
• He prepared the firm’s 50 State Trade Secrets Comparison Chart (also the first of its kind).
• He prepare the firm’s Ten Minute Trade Secret Training Series™ of videos (the first and only of their kind).

Russell also founded and chaired Foley & Lardner LLP’s Trade Secret / Noncompete Practice and created and teaches Trade Secrets and Restrictive Covenants at Boston University School of Law. (Boston University’s Intellectual Property program, of which Russell’s course is a part, has been ranked in the top 10 in the country by U.S. News and World Reports.)

Russell also helps clients with the preparation of noncompetition agreements, nondisclosure agreements, no-raid agreements, nonsolicitation agreements, and other restrictive covenants; the performance of trade secret audits and establishment of comprehensive trade secret protection programs; trade secret protection training; and strategizing the on-boarding and off-boarding of employees subject to restrictive covenants who are joining a client from a competitor or leaving a client to join a competitor.

In addition to his national trade secrets and noncompete litigation practice, Russell’s practice concentrates on complex business litigation, including B2B disputes, fraud and business torts, Computer Fraud and Abuse Act (CFAA) claims, breach of fiduciary duty claims, employee mobility matters, lawyer (partner) mobility matters, high-tech disputes, copyright infringement litigation, trademark disputes, unfair competition claims, and breach of contract claims. He represents clients ranging from Fortune 500 companies to individuals in a broad range of industries, including software, computer-related technology, pharmaceuticals, biomedical, manufacturing, wholesale distribution, retail, B2B sales and distribution, marketing, hospitality and events, real estate, insurance, financial services, legal services, expert services, health and beauty services, consulting, staffing, and many others, helping them with complex commercial litigation matters in state and federal court trials, arbitrations, and mediations, from pre-litigation through trial and appeal.

Immediately prior to founding Beck Reed Riden LLP, Russell was a partner with Foley & Lardner LLP and chair of the firm’s Trade Secret/Noncompete Practice. He previously was a partner at Epstein Becker & Green, PC, and an associate at Reynolds Rappaport & Kaplan and Simpson Thacher & Bartlett. Russell was also an instructor in the Boston University Law School’s First Year Writing Program.

Russell is the past President of the Boston Bar Foundation and a Fellow of the Litigation Counsel of America (LCA), a trial lawyer honorary society representing less than one-half of one percent of American lawyers.

Selected to Super Lawyer’s Top 10 Lawyers in Massachusetts every year since 2020, he has been selected as one of Super Lawyers’ Top 100 Lawyers in New England and Top 100 Lawyers in Massachusetts every year since 2011, featured in the cover story of Super Lawyers New England Magazine, and is included in Best Lawyers and Chambers and Partners, which states, “He is widely considered ‘an expert in his field.’”

In 2019, Russell was named a Lawyer of the Year for 2018 by Massachusetts Lawyers Weekly.

Russell has also been named a “Lawyer of the Year, Litigation – Labor and Employment, Boston” for 2022 and 2023 by Best Lawyers.

And, his work is recognized by The Legal 500 United States, helping Beck Reed Riden to be the only small firm selected for inclusion in the Trade Secrets rankings. Some of the testimonials provide: “Russell Beck is one of the foremost trade secret litigators in the country,” “Russell’s approach to litigation also differentiates him from competitors. Although his firm is small, he can litigate with anyone and can do so in a cost-effective manner. His results for his clients speak for themselves.”

In addition to administering the award-winning Fair Competition Law blog, Russell writes, lectures, and is quoted or cited in connection with various intellectual property and other legal issues, including enforcement and defense of noncompete agreements, protection of trade secrets, trademark disputes, copyright issues, arbitration, and mediation. Recent representative presentations and publications include:

• “Advanced Trade Secrets 2023: New Challenges, New Solutions, and New Opportunities,” Practising Law Institute, October 17, 2023, Speaker
• “Judge nixes extension of ‘anti-raiding’ provision,” Massachusetts Lawyers Weekly, October 13, 2023, Quoted
• “Noncompetes and Restrictive Covenants 2023: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know,” Practising Law Institute (PLI), September 28, 2023, Chair
• “New York Invention Protection Law Will Not Stop ‘Messy’ Lawsuits,” Bloomberg, September 22, 2023, Quoted
• “NLRB Complaint Calls a Noncompete Agreement an Unfair Labor Practice,” The American Prospect, September 14, 2023, Quoted
• “Protecting Trade Secrets Through Use of Confidentiality Agreements,” The Sedona Conference, September 12, 2023, Dialogue Leader
• “Insurer’s customer spreadsheets protected as trade secrets,” Massachusetts Lawyers Weekly, September 7, 2023, Quoted
• “NLRB Scrutiny of Restrictive Covenants, NDAs, and Non-Disparagement Provisions: Recent Developments and Best Practices:  Remaining Compliant While Protecting Company Trade Secrets and Confidential Information,” Strafford, August 30, 2023, Speaker
• “Against the FTC’s Proposed Rule on Non-Competes” (part of “The FTC New Proposed Rule on Non-Competes”), The Boston Bar Journal, July 27, 2023, Co-author
• “Protecting Trade Secrets as Your Tools are Taken Away by the NLRB, the FTC, and Others,” Boston Bar Association, July 13, 2023, Speaker
• “NLRB General Counsel Says Noncompetes Violate the NLRA: What Your Company and Clients Need to Know and Do Now,” PLI, July 11, 2023, Speaker
• “Noncompete Agreements: The Case Against the FTC’s Proposed Ban” (part 4 of a 5-part series), UnCommon Law (Bloomberg Law), June 28, 2023, Interviewed
• “States Add to ‘Fire Hose’ of Noncompete Issues Vexing Employers,” Bloomberg, June 13, 2023, Quoted
• “Noncompetes and Your Other Agreements at Risk: The FTC’s Proposed ‘Non-Compete Rulemaking,’ and What It Means for Your Company and Your Clients,” PLI, May 23, 2023, Speaker
• “Fundamentals of Noncompetes 2023,” Practising Law Institute, May 17, 2023, Chair
• “Non-Competition Covenants in the Age of Remote and Hybrid Work,” American Intellectual Property Law Association, May 10, 2023, Speaker
• “What Every Business Lawyer Must Know About Intellectual Property Law Pitfalls & Opportunities,” MCLE, May 10, 2023, Chair
• “Hold onto Your Trade Secrets: The Winds of Change are Howling Around Employee Noncompete Agreements,” DRI, April 27, 2023, Speaker
• “What Every Business Lawyer Must Know About Intellectual Property Law Pitfalls & Opportunities,” MCLE, April 25, 2023, Chair
• “US companies mount resistance to proposed ban on non-compete clauses,” Financial Times, February 9, 2023, Quoted
• “Trade Secrets Protection, Enforcement & Litigation Conference,” Sandpiper Partners, January 31, Moderator
• “FTC Proposed National Ban on Non-Competes,” Massachusetts Lawyers Weekly, January 30, 2023, Speaker
• “FTC’s Proposed Rule Banning Noncompetes,” MCLE, Wednesday, January 25, 2023, Speaker
• “Cos. Must Brace For FTC’s Overbroad Noncompete Rule,” Law360, January 9, 2023, Author
• “What happens if the Federal Government Restricts Restrictive Covenants?,” New York City Bar Association Annual Trade Secret Symposium, December 13, 2022, Moderator
• “Exploring the Contours of What is a Trade Secret: A deep dive on confidential information vs. trade secrets, employee’s general skill and knowledge vs. an employer’s trade secrets, and their role in the enforcement of restrictive covenants,” AIPLA Trade Secret Summit, December 8-9, 2022, Panelist
• “Sixth Annual Trade Secrets Protection, Enforcement & Litigation New York Conference,” Sandpiper Partners, November 16, 2022, Speaker
• “Restrictions on Noncompetes: Recent FTC Developments,” Strafford, October 26, 2022, Panelist
• “I Have a Contract, So Why Do I Have to Think About Trade Secrets Law?,” Practising Law Institute, October 12, 2022, Panelist
• “Noncompetes and Restrictive Covenants 2022: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know,” Practising Law Institute, September 29, 2022, Chair (and speaker and panel moderator)
• “Hold On To Your Trade Secrets:  The Winds of Change Are Howling Around Employee Non-Compete Agreements,” Intellectual Property Owners Association Annual Meeting, September 19, 2022, Speaker
• “Flouting of e-discovery orders leads to rare sanction of default,” Mass Lawyers Weekly, September 16, 2022, Quoted
• “N.J. Noncompete Proposal Would Make Post-Employment Pay the Norm,” Bloomberg Law, September 9, 2022, Quoted
• “Level-Setting: A Crash Course in Noncompetes and Other Restrictive Covenants, From Soup to Nuts,” Practising Law Institute, September 9, 2022, Panel Leader/Speaker
• “Recent Legislative Developments: Are Noncompetes Going To Be Banned?,” State Bar of Georgia (program on “Restrictive Covenants and Trade Secrets”), August 31, 2022, Panelist
• “Aesthetician can sue ex-employer for tortious interference, 93A,” Massachusetts Lawyers Weekly, July 8, 2022, Quoted
• “What All Lawyers Need to Know About Noncompetes,” MCLE (Massachusetts Continuing Legal Education), June 7, 2022, Chair and Panelist
• “It Is 10:00 PM. Do You Know Where Your Company’s Crown Jewels Are? Does Someone Else? Trade Secrets as an Information Asset,” MER Conference, May 11, 2022, Speaker
• “Leveraging Internal Assets in the Governance and Management of Trade Secrets,” The 2022 Sedona Conference on Trade Secrets, May 10, 2022, Dialogue Leader
• “The trade secret skills gap and why firms must close it: in-house,” Managing IP, March 18, 2022, Quoted
• “The Inevitable Disclosure Doctrine In Employment Litigation: Two Perspectives,” Boston Bar Journal, February 18, 2022, co-author of the “point” perspective
• “Making Sense of Chaos in Non-Competes,” Intellectual Property Owners Association, February 16, 2022, Panelist
• “Today’s News & Commentary — February 10, 2021,” OnLabor, February 10, 2022, Quoted
• “The Future of Non-competes and What it Means for the Protection of Your Workforce and Trade Secrets: Part 3,” Westlaw Thompson Reuters, February 10, 2022, Panelist
• “Red State Lawmakers Look at Noncompete Bans for Low-Wage Workers,” Bloomberg Law, February 9, 2022, Quoted
• “The Future of Noncompetes and What it Means for the Protection of Your Workforce and Trade Secrets: Part 2,” Westlaw Thompson Reuters, January 27, 2022, Panelist
• “Updates and Developments in Noncompete Agreements,” MassBar Association, January 26, 2022, Panelist
• “IP Discussions – Employment Agreements,” Practising Law Institute, December 20, 2021, Panelist
• “What New FTC Workshop Revealed About Noncompete Regs,” Law360, December 13, 2021, Author
• “Noncompete unenforceable for inadequate consideration,” New England In-House, November 24, 2021, Quoted
• “Federal Involvement and Enforcement: Biden’s Executive Order and other federal government regulation and Enforcement,” American Intellectual Property Law Association Trade Secret Summit, November 8-9, 2021, Moderator and Speaker
• “Evaluating the Pros, Cons, and Necessity of Noncompetes and Other Restrictive Covenants,” Practising Law Institute, October 21, 2021, Speaker
• “Trade Secrets Cases Shoving Aside Noncompetes Amid High Turnover,” Bloomberg Law, October 19, 2021, Quoted
• “Restrictions on Noncompetes: New FTC Regs on Wage and Hour Workers,” Strafford, October 14, 2021, Speaker
• “The Future of Noncompetes and What it Means for the Protection of Your Workforce and Trade Secrets: Part 1,” Westlaw Thompson Reuters, October 7, 2021, Panelist
• “Trade Secrets Protection, Enforcement, and Litigation — East Coast Conference,” Sandpiper Partners LLC, October 5, 2021, Panelist
• “Why Are Fast Food Workers Signing Noncompete Agreements?,” New York Times, September 29, 2021, Quoted
• “Noncompete unenforceable for inadequate consideration, First non-dicta ruling applying the MNAA,” Massachusetts Lawyers Weekly, September 23, 2021, Quoted
• “Noncompetes and Restrictive Covenants 2021: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know,” Practising Law Institute, September 20, 2021, Program Chair and Speaker
• “Advanced Trade Secrets 2022: New Risks, New Challenges, New Ideas,” Practising Law Institute, September 20, 2021, Speaker (“Using Trade Secrets to Enhance Enterprise Value”)
• “Navigating the Law of Trade Secrets,” New York City Bar Association, September 9-10, 2021, Panelist (Debate on Noncompete Policy, September 9, 2021)
• “Noncompetes and the Biden administration: What comes next,” Massachusetts Lawyers Weekly, August 20, 2021, Speaker
• “Response beginning to form to Biden ‘competition’ order: Despite unknowns, general direction is clear, attorneys say,” Massachusetts Lawyers Weekly, August 5, 2021, Quoted
• “Some Lawyers Doubt Biden’s Move to Curb Employment Noncompete Agreements Would Stimulate the Startup Economy,” New Jersey Law Journal/ALM, July 29, 2021, Quoted
• “4 Types Of Failed Wage And Hour Bills States Could Resurrect,” Law360, July 29, 2021, Quoted
• “The ‘Great Resignation,’ departing employees and new federal efforts to restrict noncompetes,” Massachusetts Lawyers Weekly, July 23, 2021, Author (reprinted and available for free in New England In-House)
• “FTC Should Take Nuanced Approach On Noncompete Regs,” Law360, July 19, 2021, Author
• “No Total Ban on Non-Competes Expected, Despite Biden Executive Order,” AdvisorHub, July 12, 2021, Quoted
• “What Biden’s Latest Executive Order Means For Businesses And Consumers,” (audio and transcript) NPR, July 10, 2021, Interviewed
• “Biden Moves To Restrict Noncompete Agreements, Saying They’re Bad For Workers,” NPR, July 9, 2021, Quoted
• “Employee Noncompete Clause Limits Adopted by Three More States,” Bloomberg Law, June 29, 2021, Quoted
• “The 2021 Sedona Conference on Developing Guidelines for Trade Secret Issues,” Sedona Conference, June 21 and 22, 2021, Dialogue Leader (on Employee Life Cycle) and Participant
• “BBA Virtual Conference: 2021 Trade Secrets & Restrictive Covenants Conference,” Boston Bar Association, June 9, 2021, Conference Advisory Committee Member and Speaker
• “The Ethics of Noncompetes,” Westlaw Thompson Reuters, June 2, 2021, Panelist
• “Trade Secret Roundtable on Developments and Emerging Issues,” NERA Economic Consulting, May 21, Speaker
• “Restricting Restrictive Covenants: Trends and Lessons from Boston Harbor to Silicon Valley,” Pacific Coast Labor & Employment Law Conference, May 7, 2021, Panelist
• “Trade Secrets statute preempts confidentiality claims not based on trade secrets,” Massachusetts Lawyers Weekly, May 6, 2021, Quoted
• “Protecting Trade Secrets Post-COVID,” World Intellectual Property Forum, April 29, 2021, Speaker
• “Year in Review: Intellectual Property,” American Intellectual Property Law Association, April 14, 2021, Speaker
• “3 Ways To Plan For A Possible Federal Ban On Noncompetes,” Law360, April 3, 2021, Co-author with Erika Hahn
• “Trade Secret Roundtable on Developments and Emerging Issues,” NERA Consulting, April 1, 2021, Panelist
• “Consideration Under Massachusetts’ Noncompetition Agreement Act,” MassBar eJournal, April 2021, Co-author Hannah Joseph
• “Biden’s proposed ban of (most) noncompetes: steps to take (now) to protect trade secrets and goodwill,” Massachusetts Lawyers Weekly, December 17, 2020, Co-author with Erika Hahn
• “As States Limit Noncompetes, D.C. on Verge of Outlawing Them,” Bloomberg Law, December 14, 2020, Quoted
• “Trade Secrets: Protection, Enforcement and Litigation West Coast Conference,” Sandpiper Partners, December 2, 2020, Panelist
• “Trade Secrets: Protection, Enforcement and Litigation East Coast Conference,” Sandpiper Partners, November 17, 2020, Panelist
• “Noncompetetion Agreements in Massachusetts,” Massachusetts Bar Association, November 16, Speaker
• “Leveraging Internal Assets in the Governance and Management of Trade Secrets,” The Sedona Conference’s Working Group on Trade Secrets, November 10, 2020, Dialogue leader
• “Advanced Trade Secrets 2020: New Risks, New Challenges & Emerging Solutions,” PLI (Practising Law Institute), October 28, 2020, Speaker
• “Protecting Trade Secrets in the COVID Era,” Massachusetts Lawyers Weekly, October 27, 2020, Moderator and Speaker
• “Year in Review: TM, Trade Secret: Patent, Copyright, Design Rights,” American Intellectual Property Law Association Annual Meeting, October 23, 2020, Speaker
• “Employee Mobility, Non-Competes, and NDAs: Protecting Trade Secrets and Customer Relationships in the Pandemic Era,” International Association of Defense Counsel (IADC), September 23, 2020, Speaker
• “Ethics in Trade Secret Investigations and Litigation,” American Intellectual Property Law Association, September 2, 2020, Panelist
• “Protecting Trade Secrets During (and After) a Global Pandemic: Practical Tips for Employers,” Boston Bar Journal, August 17, 2020, Co-author with Hannah Joseph
• “Trade Secret Misappropriation Judgment Reversed,” Massachusetts Lawyers Weekly, July 30, 2020, Quoted (reprinted in New England In-House (available without subscription))
• “Protecting trade secrets during and after stay-at-home orders,” Massachusetts Lawyers Weekly, July 16, 2020, Co-author with Erika Hahn
• “MA Noncompetes More Than a Year Later: The 60-Minute Lawyer,” MCLE, May 29, 2020, Speaker
• “1st Circuit affirms injunction in non-solicitation case,” Massachusetts Lawyers Weekly, April 19, 2020, Quoted (reprinted in New England In-House (available without subscription))
• “FTC Should Leave Regulation Of Noncompetes To States,” Law360, April 3, 2020, Co-author with Erika Hahn
• “Hello No, You Can’t Go,” The Progressive, April 2, 2020, Quoted
• “Noncompetes and Restrictive Covenants 2020: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know,” Practising Law Institute, January 31, 2020, Program Chair & Speaker (on “Level-Setting Noncompetes from Soup to Nuts” segment covering changes in laws around the country)
• “Consideration happens, but not during garden leave,” Massachusetts Lawyers Weekly, January 2, 2020, Co-author with Erika Hahn (reprinted on Fair Competition Law as “Massachusetts Noncompete: Consideration Happens, But Not During Garden Leave” (available without subscription) and reprinted in New England In-House)
• “Noncompete Misconceptions May Be Inhibiting Reform,” Law360, December 17, 2019, Co-author with Erika Hahn (reprinted on Fair Competition Law as “Federal Noncompete Initiatives: When you can’t convince the states, ask the feds” (available without subscription))
• “5 Noncompete Rulings From 2019 Attorneys Should Know,” Law360, December 13, 2019, Quoted
• “Featured Panel: An Update on Non-Competition Agreements in Massachusetts—a Year After the Effective Date,” MCLE (22nd Annual Employment Law Conference 2019), December 6, 2019, Panelist
• “Steady Under Pressure: Russell Beck excels when business disputes come in ‘short, fast and hot’,” 2019 New England Super Lawyers Magazine, October 23, 2019, Subject of Cover Story Profile
• “The new noncompete law: compromise happens,” Massachusetts Lawyers Weekly, October 18, 2019, Co-author with Erika Hahn
• “Misconceptions In The Debate About Noncompetes,” Law360, July 8, 2019 (reprinted on Fair Competition Law as “Correlation Does Not Imply Causation: The False Comparison of Silicon Valley and Boston’s Route 128” (available without subscription))
• “Practical Measures for Protecting Trade Secrets,” Boston Patent Law Association, In-House Committee, June 11, 2019, Speaker
• “Ethical rule fails to free attorney from noncompete – BLS judge: Rule 5.6 meant to protect clients, not lawyers,” Massachusetts Lawyers Weekly, May 30, 2019, Quoted
• “Massachusetts New Trade Secrets Law and Noncompete Law,” Practicing Law Institute, May 28, 2019, Speaker
• “Your Trade Secrets are Properly Protected, Right? What to Do When Trade Secret Misappropriation is Suspected or Discovered,” American Intellectual Property Law, May 16, 2019, Speaker
• “2019 Trade Secret Law Summit,” American Intellectual Property Law, March 21-22, 2019, Moderator and Panelist
• “Protecting Trade Secrets – Recent EU and US Reforms,” International Chamber of Commerce, March 4, 2019, Chapter lead drafter
• “18th Annual Business Litigation Conference 2019,” MCLE, February 9, 2019, Speaker (New Noncompete and Trade Secrets Law)
• “New Mass. Trade Secret and Non-Compete Laws,” Massachusetts Bar Association, January 23, 2019, Panelist
• “21st Annual Employment Law Conference 2018,” MCLE, December 7, 2018, Speaker on two panels (Legislative Update and Hot Topics “Potpourri:” The Latest and Greatest on Non-Competes)
• “How to Identify and Handle Intellectual Property Issues,” MCLE, November 13, 2018, Chair and Speaker
• “Trade Secrets 2018: What Every Lawyer Should Know Now,” Practicing Law Institute, November 7, 2018, Speaker (Preventing and Managing Trade Secrets Crises)
• “The Sedona Conference Working Group 12 Inaugural Meeting 2018,” Sedona Conference, November 5-6, 2018, Dialogue Leader (on Employee Life Cycle) and Participant
• “The New Noncompete Law: A Practitioner’s Deep Dive,” Boston Bar Association, October 22, 2018, Speaker
• “How The New Non-Compete Laws Affect Your Clients,” JAMS and Massachusetts Lawyers Weekly, October 16, 2018, Speaker
• “Non-Compete Agreements in MA: What You Need to Know Now,” Boston Bar Association, September 12, 2018, Speaker
• “‘1st Look’ at Massachusetts’ New Noncompete & Trade Secrets Laws: What they do and what they don’t do,” MCLE, September 6, 2018, Chair and Speaker
• “New trade secret, noncompete law: what’s changing,” Massachusetts Lawyers Weekly, August 23, 2018, Author
• “Five ways the state’s revised noncompete rules could affect you,” The Boston Glove, August 3, 2018, Quoted
• “How Non-Compete Agreements Affect CEO Mobility, Job Security, and Compensation,” The CLS Blue Lion logo Sky Blog Crown, June 19, 2018, Work Cited
• “Discovery in Trade Secret Litigation,” Sedona Conference, May 4, 2018, Panelist
• “Anesthesiology Dispute Escalates As Atrium Countersues,” WFAE 90.7 (Charlotte, North Carolina NPR New Service), April 5, 2018, Radio Interview
• “Mass. federal courts see big dip in personal injury lawsuits,” Boston Business Journal, April 3, 2018, Quoted
• “The Trade Secret Landscape” and “Professors Panel,” American Intellection Property Law Association, March 1, 2018, Moderator (for both presentations)
• “Introduction to Trade Secrets,” Boston Bar Association, February 23, 2018, Speaker
• “IBM lawsuit casts diversity in starkly competitive terms,” Reuters, February 14, 2018, Quoted
• “Quest to dominate self-driving cars is at the heart of Waymo v. Uber trial,” Ars Technica, February 4, 2018, Quoted
• “18th Annual Intellectual Property Year in Review,” Boston Bar Association, January 25, 2018, Moderator (Trade Secrets)
• “Inaugural Sedona Conference on Developing Best Practices for Trade Secret Issues,” Sedona Conference, December 7-8, 2017, Panelist (on Investigating Facts) and Participant
• “American jobs: The ties that bind,” BBC World Service, November 17, 2017, Interviewed
• “Business group’s backing of noncompete bill raises eyebrows,” Massachusetts Lawyers Weekly, November 9, 2017, Quoted
• “Trade Secrets 2017: What Every Lawyer Should Know Now,” Practicing Law Institute, November 8, 2018, Speaker (covering investigation of trade secrets misappropriation)
• “Lawmakers again seek deal on non-competes, trade secrets,” Associated Press, November 4, 2017, Cited
• “The Defend Trade Secrets Act: Trade Secret Protection Goes Federal,” Federal Bar Association Annual Meeting (Atlanta), September 14, 2017, Speaker
• “Des clauses de non-concurrence imposées aux employés,” (English: “Non-competition clauses imposed on employees”), Le Monde, June 26, 2017, Quoted
• “You’re hired — don’t leave us for a competitor,” Northwest Indiana Times (The Times Media Co.), June 19, 2017, Quoted
• “Trade Secrets Protection and Litigation: How to Respond Effectively When A Company Becomes A Victim of Intellectual Property Theft,” Charles River Associates, June 14, 2017, Panelist
• “9th Symposium on Non-Compete Agreements and Trade Secrets,” Boston Bar Association, June 13, 2017, Panelist
• “Uber Fires Former Google Engineer at Heart of Self-Driving Dispute,” New York Times, May 31, 2017, Quoted
• “Sign Here, And Stay Here,” On Point, WBUR (NPR), May 25, 2017, Guest
• “How Noncompete Clauses Keep Workers Locked In,” New York Times, May 13, 2017 (May 14 in print edition), Quoted
• “Company acquisition leads to non-compete confusion,” Massachusetts Lawyers Weekly, March 9, 2017, Quoted
• “2017 Trade Secret Law Summit,” American Intellectual Property Law, March 2-3, 2017, Moderator and Panelist
• “Defend Trade Secrets Act Following the White House’s Call to Action,” CLE International, February 24, 2017, Speaker
• “After two execs depart for rival, American Airlines has no plans to change retention strategy,” Dallas Morning News, February 23, 2017, Quoted
• “Working Knowledge: Managing Employee Trade Secrets,” Brooklyn Law School Trade Secrets Institute Symposium, February 15, 2017, Panelist
• “17th Annual Intellectual Property Year in Review – The Changing IP Landscape,” Boston Bar Association, January 26, 2017, Speaker (on Trade Secrets)
• “Whistleblower status nixed early in trade secrets case,” Massachusetts Lawyers Weekly, December 22, 2016, Quoted
• “Trade Secrets 2016: What Every IP Lawyer Should Know Now,” Practicing Law Institute, November 1, 2016, Speaker (covering trade secrets litigation)
• “Trade Secrets – The Defend Trade Secrets Act: What Every Outside and In-House Counsel Needs to Know Now,” American Intellectual Property Law Association Annual Meeting, October 28, 2016, Moderator
• “Non-Compete Reform: A Policymaker’s Guide to State Policies,” White House, October 25, 2016, Relied Upon
• “States move to keep noncompete agreements from shackling workers to jobs,” Christian Science Monitor, July 27, 2016, Quoted
• “Noncompete agreements create modern-day servitude,” Houston Chronicle, July 26, 2016 (research cited)
• “A national movement against employee non-compete contracts picks up steam,” PBS Newshour, July 14, 2016, Television Interview
• “Action on non-competes eyed before session’s end,” Massachusetts Lawyers Weekly, June 27, 2016, Quoted
• “8th BBA Symposium on Employee Noncompete and Trade Secrets: 2016 Legislative Compromise or Defend Trade Secrets Act Preemption?,” Boston Bar Association, June 13, 2016, Panelist
• “The Defend Trade Secrets Act of 2016: What You Need To Know,” American Law Institute, June  9, 2016, Speaker
• “Rising use of non-compete clauses provokes increasing scrutiny,” North Carolina Lawyers Weekly, June 9, 2016, Quoted
• “‘1st Look’ at the Defend Trade Secrets Act Explore the new frontier of trade secrets laws,” MCLE, May 27, 2016, Speaker
• “What’s Mine is Mine — Trade Secrets,” Massachusetts Bar Association, May 26, 2016, Speaker
• “Are You Ready For The Defend Trade Secrets Act (DTSA)?,” American Intellectual Property Law Association (AIPLA), May 26, 2016, Speaker
• “The Defend Trade Secrets Act of 2016: A Federal Private Action for Global Unfair Competition,” Boston Bar Association, May 24, 2016, Speaker
• “DTSA: a new federal tool to protect trade secrets,” Massachusetts Lawyers Weekly, May 23, 2016
• “Why Noncompete Pacts Are Bad for Workers–and the Economy,” Wall Street Journal Blog, May 23, 2016, Cited
• “Trade Secret Protection Best Practices: Hiring Competitors’ Employees and Protecting the Company When Competitors Hire Yours,” American Bar Association, March 15, 2016, Speaker
• “Law and Policy of Employee Mobility in a Changing Work Force,” New York Law Journal, March 11, 2016, Trade Secrets and Noncompete Reported Decisions Graph Cited
• “Robert DeLeo takes on noncompetes,” Boston Herald, March 3, 2016, Quoted
• “House to pursue compromise on non-competes,” Massachusetts Lawyers Weekly, March 2, 2016, Quoted
• “IP Fundamentals: Protecting Trade Secrets from the Insider Threat,” Boston Bar Association, February 26, 2016, Speaker
• “In-house lawyer’s advice to competitor not barred,” Massachusetts Lawyers Weekly, February 11, 2016, Quoted
• “Intellectual Property Year in Review (2015),” Boston Bar Association, January 21, 2016, Panelist (on Trade Secrets)
• “Perspectives From The Bench: How State and Federal Judges View The Growth and Scope of Trade Secret and Restrictive Covenant Disputes,” American Intellectual Property Law Association Trade Secret Summit, November 13, 2015, Moderator
• “State and Federal Legislative Update,” American Intellectual Property Law Association Trade Secret Summit, November 12, 2015, Speaker
• “Intellectual Property: MCLE BasicsPlus!,” MCLE, November 9, 2015, Chair and Speaker (on Trade Secrets)
• “Intellectual Property Basics Workshop on Trade Secret Law,” Boston Bar Association, November 2, 2015, Speaker
• “7th BBA Symposium on Employee Noncompete and Trade Secrets,” Boston Bar Association, October 13, 2015, Panelist
• “Protecting Your Corporate Trade Secrets,” CEO Connection, 2015 Mid-Market Convention, October 9, 2015, Speaker
• “Advanced Strategies in Noncompetes and Trade Secret Litigation,” 2015 Pacific Coast Labor & Employment Law Conference (Seattle, Washington), May 7, 2015, Speaker
• “Improving Your Odds When Seeking or Defending Against Preliminary Injunctive Relief in Business Litigation,” 14^th Annual Business Litigation Conference January 29, 2015, Speaker
• “Scrutiny on Worker Non-Compete Deals,” Associated Press, January 3, 2015, Quoted
• “Intellectual Property: MCLE BasicsPlus!,” MCLE, October 29, 2014, Chair and Speaker (on Trade Secrets)
• 6th Annual Symposium on Employee Non-Compete Agreements, Confidential Information, and the Uniform Trade Secrets Act, Boston Bar Association, September 16, 2014, Panelist
• “In the sharing economy, a rift over worker classification,” Boston Globe, August 17, 2014, Quoted
• “SJC decision complicates damages path for startups,” Massachusetts Lawyers Weekly, August 14, 2014, Quoted
• “The FBI Speaks Out: Economic Espionage and Protecting Trade Secrets,” Boston Bar Association, July 30, 2014, Speaker
• “Committee to Discuss Governor’s Economic Development Bill,” Boston Magazine, June 10, 2014, Quoted
• “The Business Case Against Asking Employees to Sign a Non-Compete Agreement,” Inc. Magazine (online edition), June 9, 2014, Analysis and Blog (Fair Competition Law) Cited
• “What to do if non-competes are eliminated in Massachusetts,” Massachusetts Lawyers Weekly, April 17, 2014
• “Should Employee Non-Competes Be Banned?,” Business Forum on Proposed Limits to Non-Competes in Massachusetts, SBANE (Smaller Business Association of New England), March 6, 2014, Speaker and Panelist
• “Irreparable Harm: Enforcing and Escaping Employee Non-Competition Agreements,” Massachusetts Bar Association, February 20, 2014, Panelist
• “Lacking Qualified Applicants, ‘Passive Candidates’ Offer Hope,” The Wall Street Journal, January 29, 2014, Quoted
• “Navigating the New Mysteries in Noncompetition and Trade Secret Theft Cases,” 13 Annual Business Litigation Conference, MCLE, January 29, 2014, Speaker
• “Intellectual Property Year in Review,” Boston Bar Association, January 9, 2014, Panelist (on Trade Secrets)
• “Report: Firms should target global companies’ business,” Massachusetts Lawyers Weekly, November 2013, Quoted; New England In-House, January 2014, Quoted
• “LinkedIn Post Likely Didn’t Violate Non-Compete Clause,” The National Law Journal, November 4, 2013, Quoted
• “Intellectual Property: MCLE BasicsPlus!,” MCLE, October 30, 2013, Chair and Speaker (on Trade Secrets)
• “Terra Terror and Traveling Tricks – Developments in Cybersecurity, US and International Trade Secret Law,” American Intellectual Property Law Association (AIPLA) Annual Meeting (Washington, D.C.), October 25, 2013, Speaker (on Discovery in Trade Secrets Cases)
• “2013 Trade Secret Law Summit,” American Intellectual Property Law Association (AIPLA) Annual Meeting (Washington, D.C.), October 22, 2013, Speaker
• “Insider Threats,” Trade Secret Management & Monetization Symposium, Ocean Tomo, September 10, 2013, Speaker
• “When a New Job Leads to a Lawsuit: Litigation Over Noncompete Clauses Is Rising; Does Entrepreneurship Suffer?,” The Wall Street Journal (print edition, Marketplace section, front page), August 15, 2013, Quoted
• “Companies Loosen the Handcuffs on Non-Competes,” The Wall Street Journal (on-line edition), August 12, 2013, Quoted
• “5th Annual Symposium on Employee Non-Compete Agreements, Trade Secrets and Job Creation,” Boston Bar Association, July 23, 2013, Panelist
• Massachusetts Lawyers Weekly article about the Digital Millennium Copyright Act, June 2013, Quoted
• “Noncompetes & Other Restrictive Covenants,” MCLE, February 6, 2013, Chair and Speaker
• “Intellectual Property Year in Review,” Boston Bar Association, January 17, 2013, Panelist (on Trade Secrets)
• “Intellectual Property: MCLE BasicsPlus!,” MCLE, November 7, 2012, Chair and Speaker (on Trade Secrets)
• “2012 Trade Secret Law Summit,” American Intellectual Property Law Association (AIPLA) Annual Meeting (Washington, D.C.), October 23, 2012, Speaker
• “Mastering Copyright, Trademark, & Intellectual Property,” The Rossdale Group, October 10, 2012 (webcast and podcast), Speaker
• “Ex-employees’ work for competitor OK – Inevitable disclosure doctrine inapplicable,” New England In-House, July 29, 2012, Quoted
• “Employee Non-Compete Agreements, Trade Secrets and Job Creation: The Status of Law Reform,” Boston Bar Association, July 24, 2012, Panelist
• “29th Annual Carl A. Warns, Jr. Labor & Employment Law Institute,” University of Louisville’s Louis D. Brandeis School of Law, June 21, 2012, Speaker.
• “Protecting trade secrets, biz goodwill across state lines,” New England In-House, February 2012
• “Getting the Most Out Of Non-Competition Agreements: Enforcement Experiences From the Bench, In-House and Around the Country,” 2012 Pacific Coast Labor & Employment Law Conference (Seattle, Washington), May 3, 2012, Speaker
• “Are New England’s in-house counsel free to join competitors?,” New England In-House, February 2012
• “Advanced Software Licensing,” MCLE, February 1, 2012, Speaker
• “Ehrlich targets restrictive clauses,” The Swampscott Reporter, December 23, 2011, Quoted
• “Don’t Blame China for Trade Secret Theft,” Corporate Counsel/Law.com, December 22, 2011, Quoted
• “Despite verdict, judge can find co. liable under 93A,” Massachusetts Lawyers Weekly, December 1, 2011, Quoted
• “Protecting Scientific and High Tech Trade Secrets,” Strafford Publishing, November 10, 2011 (webcast), Speaker
• “Practical steps to protect your clients’ intellectual property,” MCLE, November 2, 2011, Chair and Speaker
• “Prevent runaway legal fees with proper planning,” New England In-House, September 2011
• “Questions Raised After DOE Hides Costs Of Energy Projects,” Dow Jones’ VentureWire, August 29, 2011, Quoted
• “Confidentiality clause found to be overbroad,” Massachusetts Lawyers Weekly, July 6, 2011, Quoted
• “Noncompete agreement could be enforced,” Massachusetts Lawyers Weekly, June 16, 2011
• “Trends in Non-Compete Agreements and Trade Secrets,” NELA, May 14, 2011, Panelist
• “Planning for possible changes to non-compete law,” New England In-House, April 8, 2011
• “Intellectual Property Litigation,” MCLE, March 31, 2011, Chair and Speaker
• “Social Networking and trade secret protection,” New England In-House, February 9, 2011
• “Intellectual Property Year in Review,” Boston Bar Association, January 19, 2011, Panelist
• “Future of non-compete legislation up in the air,” New England In-House, December 28, 2010, Quoted
• “Keynote Panel: Non-Compete Litigation – Learn form the Experts,” MCLE, December 10, 2010 (webcast), Panelist
• “Non-Compete Q and A: Discussing the Proposal to Endorse House Bill 4607,” Boston Bar Association, December 2, 2010, Panelist
• “What you need to know about protecting trade secrets,” New England In-House, November 2010
• “Protecting Proprietary Information,” MCLE, October 7, 2010, Chair and Speaker
• “Confidentiality Agreements: New England In-House Counsel Briefing,” MCLE, September 29, 2010, Chair and Speaker
• “Employee Non-Compete Agreements and Job Creation: The Status of Law Reform a Year Later,” Boston Bar Association, July 20, 2010, Speaker
• “Protecting Your Brand, Reputation, and Secrets in the Age of Social Media,” Boston, MA, April 7, 2010, Moderator and Speaker
• “Fit the Bill: Managing the Cost of Litigation While Maintaining Work Quality” Boston, MA, February 24, 2010, Speaker
• “Non-Competition Agreements,” Massachusetts Bar Association, February 9, 2010, Panelist
• “Intellectual Property Update,” New England Corporate Counsel Association, February 3, 2010, Speaker (“Are Your Trade Secrets Really Secret”)
• “Enforcing and Litigating Across Borders, Including Through ADR,” Webinar, January 21, 2010, Speaker
• “Non-Compete Agreements: Likely Unfair, More Likely Enforceable,” IT Business Edge, January 13, 2010, Quoted
• “Trade Secrets and Noncompetes Year in Review,” Boston Bar Association Intellectual Property Year in Review, January 2010, Speaker
• “IT Security: A Practical Approach to Protecting Trade Secrets,” CIO, Computerworld, and Macworld, November 11, 2009, Co-author
• “No-poach agreements: A new generation of restrictions,” CIO and Computerworld, October 30, 2009
• “Mass. non-compete culture to change?,” NECN, October 9, 2009, Television Interview
• “Marblehead rep co-sponsors overhaul of non-compete agreements,” Marblehead Reporter, October 9, 2009, Quoted
• “Tips to make noncompetes work — and work fairly,” Mass High Tech, October 7, 2009, Contributing Author
• “Decision focusing on 93A significant for different reason,” Massachusetts Lawyers Weekly, September 3, 2009
• “Symposium on Non-Competes,” Boston Bar Association, July 22, 2009, Panelist
• “Court backs employers on noncompete agreements, mostly,” Mass High Tech, June 19, 2009
• “Noncompetes & Other Restrictive Covenants,” MCLE, June 9, 2009, Chair and Speaker
• “Ex-EMC exec can work for competitor, but with limitations,” The Docket (Massachusetts Lawyers Weekly), June 4, 2009, Quoted
• “Beyond the noncompete,” Computerworld, June 2, 2009
• “Ask the Attorneys: Noncompetes and Restrictive Covenants,” Boston, MA, June 2009, Speaker
• “Negotiating, Drafting and Enforcing Noncompetition Agreements & Related Restrictive Covenants,” MCLE, (3rd ed.) June 2009 (4th ed. 2010)
• “Weighing Lawyer Employment Agreements In Mass.,” Law360, March 19, 2009
• “Economy likely to force changes to noncompete pacts,” Boston Business Journal, March 6, 2009, Quoted
• “Binding mediation: a nearly perfect imperfect solution,” Massachusetts Lawyers Weekly, February 2, 2009
• “Non-compete agreements,” The Corporate Counselor, February 2009
• “Legal briefs: Partners leaving firms must consider financial fallout,” Boston Business Journal, December 19, 2009, Quoted
• “Alternative Dispute Resolution: When, Why, and How to Use Arbitration, Mediation, and Binding Mediation,” Boston, MA, May 2009, Speaker
• “Minimizing the Costs and Consequences of Payor-Provider Disputes,” Healthcare Review, July 13, 2007