by Andy Arnold | Jul 30, 2025 | Non-Compete Litigation, Nonsolicitation Agreements, Trade Secrets, Trade Secrets
In the previous posts, we’ve examined how courts presume customer goodwill belongs to employers and how the “earn a livelihood” standard sets the bar far too low for protecting employee rights. Now let’s look at an older case that got closer to... read more
by Andy Arnold | Jul 9, 2025 | Non-Compete Litigation, Nonsolicitation Agreements, Trade Secrets, Trade Secrets
Why “earning a livelihood” isn’t enough—the law should protect an employee’s right to pursue their greatest worth In Part 1, we examined how courts claim to “balance” employer and employee interests when enforcing restrictive... read more
by Andy Arnold | Jun 30, 2025 | Non-Compete Litigation, Nonsolicitation Agreements, Trade Secrets, Trade Secrets
Why the legal presumption that customer goodwill automatically belongs to employers is fundamentally flawed Here’s a scenario that should trouble anyone who cares about economic freedom: A real estate agent working as an independent contractor receives a lead... read more
by Andy Arnold | Jun 16, 2025 | Trade Secrets
By the time a trade secret case reaches discovery, plaintiffs often speak as though every similarity between two products must prove theft. But the law is clear: independent development and reverse engineering are not misappropriation—they are part of the competitive... read more
by Andy Arnold | May 24, 2025 | Trade Secrets
Trade secret claims increasingly are weaponized in competitive fights: a dominant player threatens litigation, forces a smaller rival into discovery, and leverages that as leverage—even when the underlying “secret” was left unguarded. In many of those cases, the... read more
by Andy Arnold | May 6, 2025 | Trade Secrets
Trade secret laws were designed to protect legitimate innovation. But in recent years, they’ve become a convenient weapon for established companies to bludgeon competitors and former employees. A well-funded plaintiff can allege “misappropriation” based on vague... read more