Purpose - This study aims to explore the diverse factors influencing the adoption of post-employment noncompete agreements (NCAs) between firms and their CEOs. Drawing on the organizational literature regarding the diffusion of contested organizational practices as well as research on law and...

We investigate whether strengthened legal protection of trade secrets increases the likelihood of a firm being acquired. Stronger protection can make a firm more attractive for acquisition due to better safeguarding of trade secrets, but it may also increase information asymmetries that...

The Latin America IP SME Helpdesk offers multilingual services (English, French, German, Spanish and Portuguese), with free information and first-line legal advice on IP related subjects, as well as training, webinars and publications, especially designed for EU SMEs.

The Latin America IP SME Helpdesk offers multilingual services (English, French, German, Spanish and Portuguese), with free information and first-line legal advice on IP related subjects, as well as training, webinars and publications, especially designed for EU SMEs.

A large proportion of the US workforce is covered by non-compete agreements (NCAs), but recently their use has become one of intense policy debate, with the FTC recently proposing to ban them. In this paper, we examine what effect such a policy change might be expected to have on innovation, and...

In examining the staggered recognition of the Inevitable Disclosure Doctrine (IDD) as an exogenous shock to trade secret protection, we demonstrate that firms display lower stock returns following the recognition in a difference-in-differences (DID) design. Cross-sectional regression results...

We study whether firms value court enforceability of their workers’ noncompete agreements (NCAs), leveraging a 2020 Washington law that made NCAs unenforceable for workers earning less than a threshold of $100k per year (indexed to inflation), covering approximately 79% of Washing-ton workers....

Almost every business owns proprietary information that adds value and provides a competitive advantage because the information is not known to the business's competitors. Trade secret law protects such information from theft or unauthorized disclosure. Because one of the principal policies...

This entry in the online Global Dictionary of Competition Law defines the term trade secret: information that has commercial value to an organization due to its secrecy, is not known outside of the organization, and the continuing secrecy of which the organization has taken reasonable measures...

Like other forms of intellectual property (IP), trade secret value may arise from two primary sources. The first is proprietary competitive advantage gained through use of the IP coupled with the right to exclude others from such use. The second is by monetizing IP directly through licensing to...

Non-compete clauses (NCCs) limiting the mobility of workers have been found to be rather widespread in the US, a flexible labour market with large turnover rates and a limited coverage of collective bargaining. This paper explores the presence of such arrangements in a rigid labour market, with...

As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts to reinforce trade secret protection a decade ago. These efforts came to fruition with passage of the Defend Trade Secrets Act of 2016 (DTSA)....

The digital revolution introducing new technologies has rapidly and substantially changed the way we are working, creating new opportunities for businesses to boost productivity and growth. The Internet, in particular, is seen as an essential tool for companies to develop, communicate and...

Family firms are known for their reluctance to invest in research and development. We show that strengthened trade secret protection is associated with higher R&D investment by family firms. More specifically, we show that the association between the strength of trade secret protection through...

This paper discusses the overlap and interaction between patents and trade secrets in the United Kingdom, with relevant comparisons to United States law. It considers the use of trade secrets protection as an alternative or complement to patent protection

Employee spinoffs may harm incumbent firm owners for two reasons: first, they increase competition in relevant product markets, potentially decreasing rents associated with market power. Second, the threat of an employee spinoff may prevent a firm owner from making costly, productivity-enhancing...

We study the effects of noncompete contracts in an environment where firms invest in training junior workers. After obtaining employer-provided training, trained workers can choose whether to remain loyal to their initial employer or switch to the competing employer. We evaluate the effects of...

Extant work in strategic management has focused on the role of various legal levers when managing human capital. Companies use such levers to improve employee retention and prevent leakage of knowledge to rivals. Specifically, noncompete agreements (NCAs), contracts that prevent employees from...

Trade secrecy law is a hybrid between intellectual property and unfair competition law. This makes the characterisation of trade secrecy law for the purpises of private international law difficult. This paper argues that neither the EU conflict of law rules for unfair competition law nor those...

Family firms are known for their reluctance to invest in research and development. We show that strengthened trade secret protection is associated with higher R&D investment by family firms. More specifically, we show that the association between the strength of trade secret protection through...

Do contracts influence behavior independent of the law governing their enforceability? We explore this question in the context of employment noncompetes, using nationally representative data for 11,500 labor force participants. We show that noncompetes are associated with reductions in employee...

For over three centuries, Anglo-American courts have assessed employee noncompete agreements under a Rule of Reason. Despite longstanding precedent, some now advocate banning all such agreements. These advocates contend that employers use superior bargaining power to impose such “contracts of...

We examine the effects of trade secret protection laws on firms’ internal transparency. By internal transparency, we refer to the extent to which information is integrated, distributed, and shared within the firm. We argue that stronger trade secret protection reduces firms’ proprietary...

Noncompete clauses in employment agreements are both common and controversial. An estimated 28 million Americans—nearly 20% of the U.S. workforce—are currently bound by a noncompete. The traditional view that noncompete agreements can facilitate increased productivity by encouraging...

In the modern data-driven economy, trade secrets are becoming a more important part of firms’ intellectual property strategies. For their part, governments worldwide have been introducing new legislation to broaden and toughen the protection for trade secrets citing estimates of the cost of...

I study the effect of noncompete agreements on low-earning workers using a noncompete ban in Austria. The ban increased treated workers’ annual job-to-job transition rate by 0.3 percentage points (a two percent increase). This effect was driven by within-industry job transitions. The reform...

Competitive job markets are critical to the success of the national economy, spurring innovation while boosting wages and labor equality. The moment is ripe for the new administration to foster competitive job markets by banning noncompete agreements (noncompetes). New empirical evidence shows...

On June 24, 2020, the LESI Chemicals Engineering Environment Materials Committee (CEEM) held a webinar on the important topic of trade secret management and more broadly, IP management. The webinar drew together expert panelists from a wide range of industries and regions within the CEEM sector....

The USMCA, which was signed on November 30, 2018, contains a high-standard and comprehensive IP chapter and the most notable feature of the IP chapter in the USMCA, is that it includes a separate section for trade secrets in which strong standards of protection are set out. The United States is...

Labor market institutions that may weaken workers' bargaining leverage have received increased scrutiny in recent years. One example is noncompete agreements, which prevent workers from freely moving across employers, potentially weakening earnings growth. New data sources and empirical evidence...