Russell Beck Speaks at Noncompete and Trade Secrets Symposium

On June 13, 2017, Russell Beck was a panelist at the 9th Annual Symposium on Non-Compete Agreements and Trade Secrets in Boston, Massachusetts.

BBARussell BeckThe Boston Bar Association sponsored the Symposium.

The Symposium featured discussion and debate about the legal landscape of noncompete agreements and the protection of trade secrets.

The Boston Bar Association describes the event as follows:

Since 2009 BBA has hosted this symposium bringing together drafters, sponsors, supporters and critics of state bills to reform the use of employee non-compete agreements (ENCAs) and, separately, alternatively or complementarily, to enact the Uniform Trade Secrets Act (UTSA).

In the second session of the 189th General Court, its two chambers passed differing bills for ENCA reform, each including a version of UTSA, but did not quite get over the finish line. Current bills S.840, S.988, S.1017, S.1020, H.854, H.2366, and H.2371 revisit ENCA reform and propose a version of UTSA enhanced by the BBA over the years.

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The federal Defend Trade Secrets Act of 2016 (“DTSA”) among other things embraced “employee mobility” as a federal policy.  DTSA injunctions may not “prevent a person from entering into an employment relationship . . . or otherwise conflict with an applicable State [such as California] law prohibiting restraints on the practice of a lawful profession, trade, or business.”  While DTSA expressly does not preempt state trade secret law, it is silent about contract law, which arguably may be affected by these prohibitions.

In addition to Russell Beck, the panel included the following speakers:

  • State Senator William N. Brownsberger
  • State Senator Eileen M. Donoghue
  • State Senator Jason M. Lewis
  • State Representative Lori Ehrlich
  • State Representative Paul A. Brodeur
  • Katherine E. Perrelli, Seyfarth Shaw LLP
  • Stephen Y. Chow, Burns & Levinson LLP

For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

eck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2016 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP is highly praised by peers, who commend his “impeccable credentials,” in the employment arena, and identify him as an “expert in noncompetition and trade secret laws.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

 

Shannon Lynch Quoted in Massachusetts Lawyers Weekly

A recent issue of Massachusetts Lawyers Weekly features Shannon Lynch in an article titled “Counterclaim in trade secrets case isn’t SLAPP suit.”

The article covers a recent decision by the Massachusetts Appeals Court in an action titled The Gillette Company v. Provost, et al.

According to the article, “defendant ShaveLogic, Inc. categorized plaintiff Gillette’s lawsuit as an action brought in bad faith to quash competition in the shaving market. Then, in response to Gillette’s special motion to dismiss ShaveLogic’s counterclaim under the anti-SLAPP statute, ShaveLogic argued that Gillette’s case was devoid of any reasonable factual support. The Appeals Court agreed. . . .”

Massachusetts Lawyers Weekly

In the article, Shannon Lynch is quoted as follows:

Shannon M. Lynch, an employment attorney in Boston who handles trade secret cases, said the decision is similar in reasoning to Brooks Automation, Inc. v. Blueshift Technologies, Inc., a 2007 decision in which the Appeals Court also rejected a company’s attempt to categorize a counterclaim in a trade secret case as a SLAPP suit.

“Both cases serve as a reminder that a company contemplating trade secret litigation should carefully evaluate the factual and legal underpinnings of its claims,” she said. “Claims devoid of the proper factual and legal support, brought as part of a strategy to squelch competition, will not find protection under the anti-SLAPP statute.”

The article is by Massachusetts Lawyers Weekly’s reporter, Eric T. Berkman.

Shannon Lynch is a partner at Beck Reed Riden LLP who focuses on employment litigation and counseling.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck to Lead Trade Secrets Meeting at AIPLA

The 2017 Mid-Winter Institute of the American Intellectual Property Law Association is taking place this week in Ft. Lauderdale, Florida. Russell Beck was previously appointed Chair of AIPLA’s Trade Secret Law Committee. Russell will be leading this week’s Trade Secret Law Committee meeting in Florida.  The program for the meeting will cover the following topics:

  • New Trade Secrets Protections in the USA and the EU
  •  Litigating the Ex Parte Seizure Order Under the Defend Trade Secrets Act
  • The Latest in Practical Protective Measures for Trade Secrets
  • New Protections from Federal Agencies and the Defend Trade Secrets Act
  •  Emerging Protections for Trade Secrets Under the EU and TPP

Beck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience. The Wall Street Journal and The New York Times have both cited Beck Reed Riden LLP’s noncompete agreement experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Serving as the Chair for the AIPLA’s Trade Secret Law Committee
  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2016 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP is highly praised by peers, who commend his “impeccable credentials,” in the employment arena, and identify him as an “expert in noncompetition and trade secret laws.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck and Hannah Joseph to Speak at BBA’s IP Year in Review

Russell Beck will be covering trade secrets at the Boston Bar Association’s 17th Annual Intellectual Property Year in Review. The event will be held today, January 26, 2017, from 3:00 to 6:00 p.m., with a reception to follow. More information is available here.

Among other things, Russell will be updating the legal community on the Defend Trade Secret Act’s first six months, the Ninth Circuit’s approach to the Computer Fraud and Abuse Act, and noncompete developments at the state and national level.

The 17th Annual IP Year in Review is sponsored by the BBA’s Intellectual Property Section and, within that, the IP Law Committee. Hannah T. Joseph, who currently sits as co-chair of the IP Law Committee, helped to coordinate the event alongside her co-chair, the IP Law section co-chairs, and the BBA, and will be presenting speakers at the event.

This year’s panel also includes the following speakers:

  • Lucy D. Lovrien
    • Lucy D. Lovrien, Attorney at Law
  • Julia Huston
    • Foley Hoag LLP
  • Michael Gavin Strapp
    • DLA Piper
  • Howard G. Zaharoff
    • Morse, Barnes-Brown & Pendleton, PC

The panel will cover the following topics:

  • Patents
  • Trademarks
  • Copyrights
  • Trade Secrets and Noncompetes

Beck Reed Riden LLPis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience. The Wall Street Journal and The New York Times have both cited Beck Reed Riden LLP’s noncompete agreement experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2016 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP is highly praised by peers, who commend his “impeccable credentials,” in the employment arena, and identify him as an “expert in noncompetition and trade secret laws.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey

Beck Reed Riden LLP is pleased to share its 50 State and Federal Survey of Trade Secrets Laws compared with the Uniform Trade Secrets Act.

The chart is a state-by-state comparison of every state’s trade secrets laws (and the Economic Espionage Act, as amended by the Defend Trade Secrets Act of 2016) to the 1985 version (i.e., the most recent version) of the Uniform Trade Secrets Act.

Screen Shot 2014-04-21 at 7.29.02 PMchart is viewable here. (It was originally prepared on August 14, 2016, and has been updated; it is current as of October 30, 2016.)

In addition, for a comprehensive summary of recent trade secrets and noncompete legislative reforms and efforts at reform around the country, please see Russell Beck’s analysis here: Changing Trade Secrets | Noncompete Laws

2017 U.S. News Best Lawyers BadgeThis 50 State and Federal trade secret law survey is intended both as a stand-alone resource and a companion to Beck Reed Riden LLP’s 50 State Survey Chart of Noncompete Laws. Beck Reed Riden LLP’s nationwide study of noncompete laws has been relied upon by the White House and the United States Department of the Treasury.

For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

Beck Reed Riden LLPis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience. The Wall Street Journal and The New York Times have both cited Beck Reed Riden LLP’s noncompete agreement experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2016 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP is highly praised by peers, who commend his “impeccable credentials,” in the employment arena, and identify him as an “expert in noncompetition and trade secret laws.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

50 State Noncompete Chart

Beck Reed Riden LLP is pleased to make available its updated 50 state (plus DC) survey chart of noncompete laws. The chart is a summary of employee noncompetition laws and applicable standards throughout the country.

For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

Both the White House and the United States Department of the Treasury have recently relied upon this nationwide study of noncompete laws.

In addition, recent articles in the New York Times and The Wall Street Journal feature Beck Reed Riden LLP’s expertise in noncompete and trade secret issues.

The chart covers the following:

  • Whether noncompete agreements are permitted in the state

  • Governing statutory authority, if any

  • Identification of the protectable interests (also known as legitimate interests or legitimate business interests)

  • Applicable standards for enforcement

  • Industries or professions exempt from noncompete agreements

  • Whether the state follows the reformation rule (also known as “judicial modification,” the “rule of reasonableness,” the “reasonable alteration approach,” and the “partial-enforcement” rule), the blue pencil doctrine, or the red pencil doctrine (also known as the “all or nothing” rule)

  • Whether noncompete agreements are enforceable against at-will employees whose employment was terminated without cause

The chart is available for download here.

This version was updated as of February 4, 2017.

Check back for periodic updates or email us at info@beckreed.com, and we will automatically send the latest updates as they become available.

Please note that the chart is not legal advice, nor is it a substitute for proper legal research and advice. It is provided for informational purposes only.

is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience. Our hand-picked team combines attorneys with complementary expertise and practical experience

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck on Noncompete Agreements in Lawyers Weekly

Russell BeckThe June 27, 2016, issue of Massachusetts Lawyers Weekly features Russell Beck in an article titled “Action on non-competes eyed before session’s end.”

The article covers the 8th annual Boston Bar Association symposium on non-compete agreements and trade secrets. Russell Beck was a speaker on the panel, which featured “drafters, sponsors, supporters and critics of state bills to reform the use of employee non-compete agreements.”

Massachusetts Lawyers WeeklyThe article discusses legislation pending in the Massachusetts State Legislature that would reform the use and enforcement of non-compete agreements. One controversial aspect of the pending legislation is the so-called “Garden Leave” clause, which would require employers to pay half the salary of employees for the duration of their noncompete period after they leave.

In the article, Russell Beck addresses the proposed Garden Leave provision as follows:

One argument against the garden-leave provision, according to Boston attorney Russell Beck, is that the employee has already been compensated for accepting his non-compete, making additional consideration, post-employment, unnecessary or unjust.

It also has been argued that garden leave “would significantly adversely disadvantage small companies, who can’t afford to pay somebody not to work,” he added.

The current legislation also contains a provision that would prevent enforcement of noncompete agreements against employees who have been terminated without cause or laid off. In the article, Russell Beck is quoted as follows on this provision:

However, Beck noted that, as a practical matter, companies typically do not seek to enforce non-competes against such employees, relying instead on non-disclosure or non-solicitation agreements to protect their interests.

Another provision evoking mixed feelings is the proposed elimination of the practice of allowing judges to “red-line” overbroad non-compete agreements. The theory is that it will incentivize companies to tailor their non-compete agreements more narrowly from the outset.

“It moves the needle and makes a company focus more on bringing the language in line with what the law requires,” Beck said, adding that employees gain the “significant benefit” of receiving clear notice about what they are restricted from doing.

Separate from the noncompete aspects of the pending Massachusetts legislation, if passed, the bill will adopt the Uniform Trade Secrets Act. The article addresses the uncertainty about the new trade secrets law, with some saying that it would make it harder to obtain triple damages and attorneys’ fees in trade secret misappropriation cases. The article quotes Russell Beck on this topic as follows:

Others are not sure the bar will be raised much, however. For one thing, there are cases on both sides of the issue of whether 93A even applies to a departing employee who misappropriates trade secrets, Beck said.

The controlling authority, the Appeals Court case Specialized Technology Resources, Inc. v. JPS Elastomerics Corp., answers that question in the affirmative. However, Superior Court Business Litigation Session Judge Janet L. Sanders suggested that Specialized Technology was wrongly decided in her decision in The Gillette Company v. Craig Provost et al. late last year.

But presuming that 93A does apply in that context, Beck thinks the same conduct that would have established a valid 93A claim will meet the UTSA’s “willful and malicious” standard.

The article was written by Massachusetts Lawyers Weekly news reporter Kris Olson.

For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

Beck Reed Riden LLPBLF 2014_Silver_Generalis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience. The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. Recently, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck to Speak on Federal Trade Secrets Law

Russell BeckRussell Beck will be giving a seminar titled “The Defend Trade Secrets Act of 2016: What You Need To Know.” The seminar is sponsored by the American Law Institute and will be held on Thursday, June 9, 2016, from 2 to 3 PM EDT. Registration and more information is available here.

The American Law Institute describes the upcoming seminar as follows:

American Law InstituteTrade secret theft has been a nightmare for employers and available legal tools to fight it were relatively weak. That changed on April 27 of this year, when in a departure from the partisan gridlock that has gripped Washington, the House of Representatives joined the Senate in passing a sweeping new statute to protect trade secrets, the Defend Trade Secrets Act of 2016 (DTSA). The DTSA creates a new federal civil cause of action for trade secret theft, as well as an ex parte seizure provision to prevent dissemination of misappropriated trade secrets.

Join us for this concise one-hour program, presented by two nationally recognized experts, and get the information you need to advise your clients on this new legislation and how it can be used to protect their vital trade secrets.

Russell will be presenting with Claire Laporte of Foley Hoag LLP, Boston.

Russell’s seminar this week follows a recent series of his presentations across the country about the Defend Trade Secrets Act of 2016.

Beck Reed Riden LLPBLF 2014_Silver_Generalis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell has been repeatedly honored for his work in this area of law in the Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck and Hannah Joseph Speak about Protecting Trade Secrets

Screen Shot 2016-02-26 at 2.45.12 PMRussell Beck and Hannah Joseph will speak about protecting trade secrets from insider threats (i.e., employees) at the Boston Bar Association today. More information is available here.

Attendees at today’s event will learn how to draft nondisclosure agreements and other restrictive covenants, what policies to implement within the workplace, and what steps should be taken with respect to both new and departing employees.

Russell Beck is a member of the Board of Trustees of the Boston Bar Foundation, which is the official charity of the Boston Bar Association. Hannah Joseph is a member of the Boston Bar Association’s Intellectual Property Law Committee.

Beck Reed Riden LLPBLF 2014_Silver_Generalis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters Beck Reed Riden LLP handles, and what we can do for you here.

Russell Beck Quoted in Massachusetts Lawyers Weekly

Russell BeckThe February 11, 2016, issue of Massachusetts Lawyers Weekly features Russell Beck in an article titled “In-house lawyer’s advice to competitor not barred.”

The article covers a decision by the Business Litigation Session of the Massachusetts Superior Court that an in-house lawyer could not be barred from offering advice to his new employer without evidence that the advice would breach his ethical duty to his former employer. The decision was entered in the case titled The Gillette Company v. Craig Provost, et al.Massachusetts Lawyers Weekly

In the article, Russell Beck is quoted as follows:

Russell Beck, a Boston lawyer who focuses on trade secrets and noncompete litigation, said Sanders’ ruling is one of the rare instances in which a judge delved into the circumstances under which an in-house counsel can advise a former employer’s competitor.

“It provides a little additional clarity in an area in which there have been very few cases,” Beck said.

Beck said it was significant that Sanders rejected Gillette’s inevitable disclosure argument that the in-house lawyer could not help but rely on Gillette’s confidential information when advising ShaveLogic. There is no Massachusetts appellate court ruling that affirmatively adopts or rejects the inevitable disclosure doctrine as a substitute for a noncompete agreement, and trial courts have been wrestling with the issue, according to Beck.

“As in most of the cases, the court found there would not have been a need to restrict the employee — in this case the lawyer,” Beck said.

The passage of time was another major factor in Sanders’ analysis, Beck said. The defendant left Gillette in 2006 and began working for ShaveLogic six years later.

“That’s an important thing for people to remember when considering the risk imposed by a lawyer, or any employee moving from one company to another,” he said.

The article is by Massachusetts Lawyers Weekly’s reporter, Sheri Qualters.

Beck Reed Riden LLPBLF 2014_Silver_Generalis among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience. The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2014 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP specializes in noncompete litigation and is a trade secrets expert. He comes highly recommended by his peers for his nationwide practice in this niche. ‘He’s fantastic,’ sources say.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

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