Episode 11 of Fairly Competing: Trade Secrets Back to Basics, Part 2

Episode 11 of the Fairly Competing podcast is now available for listeners and subscribers.

In this episode, John Marsh, Russell Beck, and I conduct the second part of our trade secrets boot camp.

In this podcast, we identify commonly used security measures businesses implement to protect trade secret information. We examine security steps companies should take at the time key employees join the organization, as well as those exit interview steps that lead to the better protection of confidential business information. Finally, John, Russell, and I discuss the perils of "bring your own device" policies that companies utilize, which may impact the ability to protect trade secrets adequately.

Listen to the podcast by clicking on the link below, visiting the official podcast website, or subscribing to Fairly Competing on iTunes.

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Episode 10 of Fairly Competing: Trade Secrets, Back to Basics Part 1

Episode 10 of the Fairly Competing podcast is now available for listeners and subscribers.

In this episode, John Marsh, Russell Beck, and I conduct the first part of our trade secrets boot camp.

John, Russell, and I discuss particular types of trade secrets, from those commonly recognized to those that are more difficult to define and uphold in court. We also compare and contrast trade secrets with other forms of intellectual property, discuss the benefits of conducting a trade secrets audit, and talk about the differences between trade secrets and lesser protected confidential information.

Part 2 of Trade Secrets, Back to Basics focuses on security measures and will be available soon to listeners.

Listen to the podcast by clicking on the link below, visiting the official podcast website, or subscribing to Fairly Competing on iTunes.

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Episode 9 of Fairly Competing: The Conviction of David Nosal Under the Computer Fraud and Abuse Act

Our ninth Fairly Competing podcast is now available for listeners and subscribers.

In Episode 9, John Marsh, Russell Beck, and I discuss the recent conviction of David Nosal under the Computer Fraud and Abuse Act.

John, Russell, and I discuss Nosal's conviction under the remaining CFAA counts that survived the Ninth Circuit's en banc decision in 2012. In particular, we debate whether the government's theory of unauthorized access via password sharing falls within the terms of the CFAA. We also predict how the Ninth Circuit may rule after Nosal appeals his conviction. 

You can listen to the podcast by clicking on the link below, visiting the official podcast website, or subscribing to Fairly Competing on iTunes.

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Episode 8 of Fairly Competing: Has the Time Come to Add a Federal Civil Trade Secrets Claim?

Now available is Episode 8 of the Fairly Competing podcast: Has the Time Come to Add a Federal Civil Trade Secrets Claim?

In this episode, John Marsh, Russell Beck, and I discuss the proposals to add a federal cause of action for trade secrets theft.

We address the pros and cons of the proposed legislation known as PATSIA - Protecting American Trade Secrets and Innovation Act of 2012. John, Russell, and I also weigh other options to create a federal civil remedy compared to the PATSIA framework and discuss the policy rationales behind federalizing trade secrets claims in civil litigation.

You can listen to the podcast by clicking on the link below, visiting the official podcast website, or subscribing to Fairly Competing on iTunes.

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Episode 7 of Fairly Competing: Trade Secrets, Whistleblowers, and the First Amendment

Episode 7 of the Fairly Competing podcast, Trade Secrets, Whistleblowers and the First Amendment, is now available for listeners and subscribers.

In this episode, John Marsh, Russell Beck, and I discuss the special problems posed when companies pursue trade secrets claims against whistleblowers.

We also discuss First Amendment concerns posed by these suits, state SLAPP statutes, and a recent case involving Anheuser-Busch that encompassess many of these interesting issues.

You can listen to the podcast by clicking on the link below, visiting the official podcast website, or subscribing to Fairly Competing on iTunes.

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Episode 6 of Fairly Competing: Practical Considerations When Seeking Injunctive Relief

The sixth Fairly Competing podcast, Practical Considerations When Seeking Injunctive Relief, is now available for listeners and subscribers.

In this episode, John Marsh, Russell Beck, and I debate injunction practice in competition cases. We talk about the differences between seeking emergency temporary restraining orders, preliminary injunctions, and how to gather enough facts in discovery to seek or oppose such relief.

We also examine some of the nuances in injunction practice in our home states of Ohio, Massachusetts, and Illinois, and broadly discuss litigating injunctions in federal court.

You can listen to the podcast by clicking on the link below, visiting the official podcast website, or subscribing to Fairly Competing on iTunes.

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Episode 5 of Fairly Competing: The Lessons of Amazon.com v. Powers

The fifth Fairly Competing podcast, The Lessons of Amazon.com v. Powers, is now available for listeners and subscribers.

In this episode, John Marsh, Russell Beck, and I discuss the high-profile litigation involving former Amazon.com executive Daniel Powers and his move to Google in late 2012.

More background on this important non-compete case can be found on previous blog posts authored by John, Russell, and me.

You can listen to the podcast by clicking on the link below, visiting the official podcast website, or subscribing to Fairly Competing on iTunes.


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Episode 4 of Fairly Competing: Mistakes Employers Make With Non-Compete Agreements

Our fourth Fairly Competing podcast, Mistakes Employers Make With Non-Compete Agreements, is now available.

In this episode, John Marsh, Russell Beck, and I discuss common errors companies make in drafting non-compete agreements and in enforcing covenants through litigation. Topics include the proper scope of non-compete agreements for various types of employees, damages, and poor decision-making under the pressures of emergency litigation.

You can listen to the podcast by clicking on the link below. You can also visit the podcast website or subscribe to Fairly Competing on iTunes.

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Mobile App Now Available for Fairly Competing Podcast

For those of you who have listened to our Fairly Competing podcast, we now have a Mobile App that you can install on your iPhone.

Follow these simple steps:

(1) On your iPhone, go to fairlycompeting.podbean.com/mobile/

(2) At the bottom of your screen you will see a Quick Launch icon (it looks like a window pane with an arrow pointed to the right).

(3) Click on that icon, and then touch "Add to Home Screen."

(4) You can then enter a name for your App (it defaults to "FC Podcast"). Keep the name to 12 characters or less, whatever you choose.

(5) You will now be able to listen to podcasts directly from this app, without subscribing to iTunes or Stitcher.

Next week, the Fairly Competing team - John Marsh, Russell Beck, and I - will discuss common mistakes employers make with non-compete agreements. We should have Episode 4 available by Thursday.

Episode 3 of Fairly Competing: The 2013 Legislative Update

Our third Fairly Competing podcast, The 2013 Legislative Update, is now available.

In this episode, John Marsh, Russell Beck, and I discuss pending legislative proposals to regulate non-compete and trade secrets law in Massachusetts, Minnesota, Michigan, and Texas. We offer our thoughts on the policy behind the bills and the relative chances each will become law.

You can listen to the podcast by clicking on the link below. You can also visit the podcast website or subscribe to Fairly Competing on iTunes.

Episode 4 is coming next week.

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Episode 2 of Fairly Competing: The Prosecution of Aaron Swartz

Our second Fairly Competing podcast, "The Prosecution of Aaron Swartz," is now available for download.

In this episode, John Marsh, Russell Beck, and I discuss the prosecution of internet activist Aaron Swartz under the Computer Fraud and Abuse Act. We also discuss the policy behind the CFAA, and in particular the criminalization of terms of service violations. Finally, we discuss proposed legislation and efforts to modify the CFAA in the wake of this tragic story.

You can listen to the podcast by clicking the link below. Or subscribe to the podcast on iTunes. We'd appreciate your feedback, and if you like the podcast, please give us a 5-star rating in the iTunes Store!

Our next podcast will summarize non-compete legislative updates across the country.


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The Fairly Competing Podcast Launches

I am very pleased and excited to announce the start of Fairly Competing, a Competition Law Podcast.

It is a great privilege to join forces with two of the leading commentators in the field of unfair competition law, John Marsh and Russell Beck. The three of us will offer regular discussion about the leading news and developments in the areas of trade secrets, non-competes, computer fraud, and other emerging competition law issues.

John, Russell, and I just completed "Episode 1: The 2012 Year In Review," which you can listen to below by clicking play on the link below or by visiting here. The podcast also is available for subscription on iTunes and soon will be on Stitcher. I'll be providing updates on this blog and on Twitter to alert readers when new podcast episodes are available.

We have a list of interesting, informative topics on the way, and we'll next be discussing Aaron Swartz and the Computer Fraud and Abuse Act.

Though Episode 1 is around 40 minutes or so, we expect future podcasts to be in the range of 20-25 minutes, covering one topic per episode. I hope you enjoy the podcast, and I would love to hear any thoughts or comments you have!


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