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.
Fairly Competing is made with Jetpack Podcast. Full show notes and every episode at https://fairlycompeting.com/
In this episode of the Fairly Competing podcast, recorded on December 19, 2025, John, Ben, and Russell take a look back on some of the significant developments in trade secret and restrictive covenant law in 2025, make some predictions about what to expect in 2026, and provide some practical takeaways. The episode covers the sharp shift in … Continue reading →
In this episode, recorded on January 3, 2025, John, Ben, and Russell take a look back on some of the more significant developments in trade secret and restrictive covenant law in 2024, and try to give some insight into what to expect in 2025. We discuss the FTC’s noncompete ban, extraterritoriality of the Defend Trade … Continue reading →
20 Oct 2024
Litigation Funding with Guest, Stephanie Southwick (Fairly Competing, Episode 26)
Trade secret litigation is expensive. But oftentimes trade secret owners do not have the resources to pay for litigation necessary to protect their rights. Enter: litigation funding. Litigation funding can level the playing field and provide the resources necessary for the trade secret owner to enforce its rights in its trade secrets. Join John, Ben, and Russell as they … Continue reading →
24 Aug 2024
FTC’s noncompete ban is no more. Now what?
On April 23, 2024, the FTC adopted a rule to ban virtually all employee noncompetes. The rule was scheduled to go into effect on September 4, 2024. But 15 days before – on August 20, 2024 – the United States District Court for the Northern District of Texas vacated the rule. Companies and employees have … Continue reading →
11 May 2024
FTC to ban noncompetes: What you need to know
On April 23, 2024, the FTC adopted a rule that bans virtually all employee noncompetes. The rule is scheduled to go into effect on September 4, 2024. If that happens, how will companies protect their trade secrets, confidential information, customer goodwill, and the integrity of their workforce? Join John, Ben, and Russell for a discussion … Continue reading →
26 Dec 2023
Preparing for California’s newly expanded noncompete ban and anti-restrictive covenant laws (Episode 23)
On January 1, 2024, California will officially begin exporting its ban on noncompetes, nonsolicits, broad confidentiality agreements, and likely no-recruits to the rest of the country — whether the other states like it or not. Here’s what happened: This fall (in September and October), California passed two laws that together will: (1) expand the scope … Continue reading →
1 May 2023
Time to Amend the DTSA
In 2016, Congress passed the Defend Trade Secrets Act (the “DTSA”). The vote was unanimous in the Senate and 410:2 in the House. President Obama signed it on May 11, 2016. Codified at 18 U.S.C. § 1836, et seq., the DTSA created a federal private right of action for trade secret owners to sue for the … Continue reading →
4 Feb 2023
Guest Starr Discusses The Research Behind the FTC’s Proposed Noncompete Ban (Fairly Competing, Episode 21)
The FTC’s proposed ban on noncompete agreements (and other “de facto” noncompetes) relies in large part of the research of University of Maryland’s Robert H. Smith School of Business Professor Evan Starr — one of the leading scholars in the field. Join John, Ben, and Russell as they talk with Professor Starr about the strengths … Continue reading →
12 Jan 2023
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
The FTC just proposed a ban on noncompetes with virtually no exceptions. And, they have placed nondisclosure agreements and other restrictive covenants squarely in the crosshairs. Join John, Ben, and Russell as they take a look at the FTC’s proposed ban on noncompetes, how we got here, what the proposed rule would do and when, … Continue reading →
29 Dec 2022
2022 Year In Review (Fairly Competing, Episode 19)
Happy Holidays! Join John, Ben, and Russell as they take a look back on some of the more significant developments in trade secret and restrictive covenant law from the past year and what to be expecting in the coming year. They discuss recent criminal prosecutions for use of no-poach agreements, legislative changes to state noncompete … Continue reading →
4 Nov 2022
Catching up with AIPLA Presidents and Executive Director about Trade Secrets (Fairly Competing, Episode 18)
For the American Intellectual Property Law Association’s 125th Anniversary, John and Russell (both former chairs of the AIPLA Trade Secret Law Committee) and Ben (the current chair) went on the road to talk to the current AIPLA President, Brian Batzli, immediate past-President, Patrick Coyne, and Executive Director, Vince Garlock, at this year’s AIPLA Annual Meeting in Washington, D.C. We caught up about their experience with the AIPLA and the AIPLA’s Trade Secret Law Committee, … Continue reading →
10 Oct 2022
Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Episode 17)
When an employee leaves for a competitor, it’s not uncommon for the former employer to investigate whether the employee took information on the way out the door. But, a recent case from the Georgia Court of Appeals, Patel v. Duke Hospitality LLC, highlights some limits on what the former employer can do. As Ben discusses … Continue reading →
28 Jul 2022
The Key to Seeking and Defending Against Temporary Restraining Orders (Fairly Competing, Episode 16)
Temporary retraining orders (called, “TROs”) are a staple of trade secret and restrictive covenant litigation. In this episode, John, Ben, and Russell discuss what you need to know when you are either seeking or defending against a TRO in a trade secret or noncompete case. So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the … Continue reading →
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Apple Podcasts (US)
5.0 / 5
6 ratings
Podcast Authority Score: 10 / 100
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Quality
7
Social presence
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YouTube
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Engagement
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