Keeping Your Secrets Secret: Protecting your employees and trade secrets from competitors in the face of a changing legal landscape

Non-compete agreements are under attack on the federal and state levels, making them more difficult to enforce.  Good employees are harder than ever to find.  In this legal and economic climate, what strategies are available for protecting your company from competition by former employees, poaching of your employees by a competitor, and disclosure of proprietary information?  We will address the status of the Federal Trade Commission’s proposed ban on non-compete agreements, including what the final rule might look like and the likelihood of it surviving legal challenge.  Since most companies are in multiple states or at least employ workers outside of Alabama, we will cover what is happening across the country on the state level.  We will also discuss best practices for utilizing non-disclosure agreements, non-solicitation agreements, and taking advantage of trade secret laws.