Trade Secrets and Navigating FTC's Noncompete Rule to Maintain a Competitive Advantage

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, June 25, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide guidance on the new FTC ban on noncompetes and the implications for trade secret protection. The panel will discuss the growing importance of trade secret protection programs in light of recent FTC-driven changes. The panel will offer best practices for developing a trade secret program without noncompete protections.
Faculty

Mr. Surrette focuses his practice on the resolution of intellectual property and technology-related disputes with an emphasis on patent, trademark, trade secret and trade dress litigation. For the last 20 years, he has counseled a leading global medical device manufacturer on numerous litigation and transactional matters. Building on his experience as a federal district court law clerk, Mr. Surrette has extensive experience in preparing and bringing complex IP cases to trial, including overseeing all aspects of pre-trial discovery, procuring and supervising experts, preparing and arguing pre-trial, dispositive and post-trial motions, including claim construction and summary judgment, and participating in multi-week trials. He also has significant experience in appellate proceedings, including arguing at the Federal Circuit. Mr. Surrette maintains an active transactional practice through which he advises clients on transactions involving the transfer of intellectual property, including mergers, asset deals, and licensing deals, and on patent portfolio development and management.

Mr. Rao is a seasoned patent lawyer and shareholder at McAndrews, Held & Malloy, Ltd., a firm known for its exceptional, hands-on IP practice. He is recognized by IAM’s Patent 1000, Strategy 300, and Strategy 300: Global Leaders, and Managing Intellectual Property’s IP Stars. Mr. Rao has been with the firm since 1997 and counsels clients ranging from Fortune 500 corporations to small startups and individuals. His practice focuses on all facets of IP, including IP litigation and procurement, as well as technology transfer, licensing, and IP strategy. Mr. Rao frequently writes and presents on these topics in media publications and conferences throughout the world. He leverages both litigation and procurement mindsets to strategically counsel clients, an uncommon skill combination that has delivered exceptional results. He is a trial-experienced litigator. Mr. Rao handles all facets of complex litigation, including pre-filing investigations to examining witnesses at trial. His court successes range from patent jury trials – including one that defined the written description law – to a landmark trade secret case under section 337 proceedings before the U.S. International Trade Commission. His cases have included both single patent, single forum cases and multi-venue, multi-IP, multi-party litigations that proceed in numerous countries. Mr. Rao's appellate practice concentrates on the Court of Appeals for the Federal Circuit.
Description
On Apr. 23, 2024, the FTC issued a final rule that bans noncompete provisions nationwide. The intent of the rule is to protect the freedom of workers to change jobs. Under the final rule, existing noncompetes for most workers will no longer be enforceable after the rule's Sept. 4, 2024, effective date. While the final rule does not deviate far from the January 2023 proposed rule, it does not ban existing noncompetes for senior executives as defined in the rule.
However, the fallout of the ban is putting trade secrets at risk. Protecting company innovations is a critical part of any organization's long-term success.
Companies and their counsel should examine what other IP protections and additional tools are available to protect trade secrets. Further, they should review and update contracts that address trade secrets as well as employee contracts.
Listen as our authoritative panel examines the new FTC ban on noncompetes. The panel will discuss the growing importance of trade secret protection programs in light of recent FTC-driven changes. The panel will offer best practices for developing a trade secret program without noncompete protections.
Outline
- Federal ban and guidance on noncompete agreements
- Best practices for protecting trade secrets without noncompete protections
- Other forms of IP to protect trade secrets
- NDAs
- Recent trade secret case examples
Benefits
The panel will review these and other key issues:
- The latest FTC guidelines on noncompete agreements
- What the ban means for trade secret protection
- Best practices for developing a trade secret program
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