Do You Need to Have a Contract to Bring a Trade Secret Claim?
May 14, 2024
by Devin R. Bates
Do you need to have a contract to bring a trade secret claim? No. Arkansas law protects trade secrets whether there is a contractual agreement to protect them or whether no such written agreement exists. Oftentimes, the parties agree (for example at the start of an employment or contracting…
What Claims are Related to Trade Secret Claims?
May 7, 2024
by Devin R. Bates
What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality agreements, and other similar types of contractual agreements. We often also…
Does Arkansas Recognize the Doctrine of Inevitable Disclosure?
April 30, 2024
by Devin R. Bates
Does Arkansas recognize the doctrine of inevitable disclosure in the context of trade secret issues? In some circumstances, yes. This doctrine has been applied by courts in Arkansas where: after moving over to a competitor, the employee continued to work with clients serviced during the former…
FTC Issues Final Rule Banning Noncompete Agreements
On Tuesday, April 23rd, the Federal Trade Commission voted to enact a final rule banning most non-compete agreements between employers and employees. Generally, non-compete agreements prohibit employees from engaging in business in direct competition with their former employer after leaving. The…
How Can I Defend Myself Against a Claim of Misappropriation of Trade Secrets?
April 23, 2024
by Devin R. Bates
How can you defend yourself if you are accused of misappropriation of trade secrets? This is a complex area of the law and there is no one-size-fits-all defense. Developing a strategy to successfully defend against a claim that you have allegedly violated trade secret laws involves careful inquiry…