Sarah Fink (Of Counsel-Long Island, NY) authored the article “Relying on Noncompete Clauses May Not Be the Best Defense of Proprietary Data When Employees Depart,” published in the July 26, 2024, edition of The National Law Forum. In light of the confusion caused by the Federal Trade Commission’s ban on noncompete agreements, which until recently were the standard in terms of companies protecting proprietary information, Sarah explores how businesses can keep the information confidential when an employee who had access to it leaves the company. The article provides parameters for establishing that proprietary information constitutes a trade secret as an alternative means of protection, as well as how to properly secure it. Sarah suggests, “In many cases, the ‘belt and suspenders’ approach is best — the information should be protected both by contract and meeting the requirements for protection under trade secret law.”

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