In an article published in Intellectual Property Magazine’s December 2019/January 2020 issue, Julianne Hartzell gave a roundup of trade secret trends from 2019 and what to expect in 2020.
“In 2019, we saw several continuing trends in the trade secret space, primarily focused on the eternal balance between allowing companies to protect their investment in trade secret information without unnecessarily restricting employees’ choices after leaving. The balance tipped in favor of employees this year as many states took steps to limit employers’ use of restrictive covenants, particularly for low wage employees,” Hartzell said.
This year saw continued legislative activity seeking to limit restrictive covenants as several states, including Illinois, have enacted statutes preventing the use of non-competes for low wage workers.
In terms of a 2020 outlook, Hartzell expects to see a continued growth of cases filed in federal court under the Defend Trade Secrets Act and hopes these cases will continue to clarify the statute’s application and scope.
Subscribers may access Ms. Hartzell's article "Mobility Allowance" on Intellectual Property Magazine online.
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