Fairly Competing

Russell Beck, Ben Fink & John Marsh

A show providing in-depth analysis of trade secret law and the law of noncompetes and other restrictive covenants for a broad audience. Whether you’re a business owner, CEO, in-house counsel, HR executive, or other employee, or a new lawyer or advanced practitioner, join your hosts, Ben Fink, John Marsh, and Russell Beck, for a discussion of the latest trends and hot topics, evolving federal and state laws, key developments, and other emerging issues in trade secrets, noncompetes, and employee mobility in today’s knowledge economy.

All Episodes

In this episode, John, Ben, and Russell explore an important, extremely well-reasoned, recent decision by U.S. District Court Judge William Orrick in Wisk Aero LLC v. Archer Aviation Inc. The case offers an object lesson about preliminary injunctions in trade secret cases, highlighting that it’s no longer safe to assume you will get a preliminary injunction … Continue reading →

Oct 17

41 min 1 sec

In this episode, John, Ben, and Russell explore the ins and outs of mediating trade secret disputes through a discussion with special guest James Pooley, one of the true deans of the trade secret bar. So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed.

Aug 6

32 min

In this episode, John, Ben, and Russell explore the Supreme Court’s decision in Van Buren v. U.S., narrowly interpreting the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 — and what it means for protecting proprietary electronic materials. So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly … Continue reading →

Jul 24

24 min 45 sec

This episode continues our discussion about litigating trade secret cases generally and post-COVID, this time with a focus on the reasons for the lack of civility in trade secret and restrictive covenant cases — and what to do about it. So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s … Continue reading →

Jun 27

26 min 14 sec

This episode covers litigating trade secret cases — including expedited discovery, depositions, protective orders, and hearings on motions for temporary restraining orders and preliminary injunctions — generally and post-COVID. So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed. Fairly Competing, Episode 8: Litigating Trade Secret … Continue reading →

Jun 13

40 min 52 sec

This episode is a departure from our usual. We are making available (through this episode and the last) Trade Secret Roundtable on Developments and Emerging Issues, a program presented by NERA Economic Consulting at which John, Ben, and Russell were panelists, along with Dr. Stephanie Demperio and Vicki Cundiff. In our last episode, part one … Continue reading →

May 17

30 min 9 sec

This episode is a departure from our usual. We are making available Trade Secret Roundtable on Developments and Emerging Issues, a program presented by NERA Economic Consulting at which John, Ben, and Russell were panelists along with Dr. Stephanie Demperio and Vicki Cundiff. Continue reading →

May 1

41 min 26 sec

This episode covers the standards that apply and issues that arise when seeking or defending against an injunction in a trade secret or restrictive covenant case, and how they’ve been impacted by COVID. We also discuss the “Unicorn Case” and whether geographic restrictions make sense anymore. You can follow us on Spotify or Apple Podcasts. Or, if you’re … Continue reading →

Apr 17

55 min 31 sec

This episode covers two additional hot topics in trade secret and noncompete law, particularly during COVID-19: protecting trade secrets through technologies like Zoom (a close look at Smash Franchise Partners, LLC v. Kanda Holdings, Inc.) and the importance of exit interviews and how to manage the departure of remote workers. You can follow us on Spotify or … Continue reading →

Mar 13

37 min 51 sec

This episode covers two hot topics in trade secret and noncompete law, particularly during COVID-19: employee surveillance and protecting legitimate business interests when an employee’s employment is terminated without cause. You can follow us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed, it’s here: Fairly Competing RSS feed. 

Feb 27

30 min 35 sec