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Kurt A. Kappes is the Managing Shareholder of the Sacramento Office and Co-Chair of the firm’s Labor & Employment Practice’s Complex Employment Litigation & Trials group. He has extensive lead trial experience in many complex litigation cases, including: class actions, commercial claims, trade secrets and employee mobility, computer fraud, non-compete, unfair competition, and Business and Professions Code Section 17200 actions. He has also represented clients in labor and employment issues, including advisory matters, trade secret audits, contracts, discrimination claims, whistleblower cases, and wrongful termination litigation.

Recognized by Super Lawyers magazine, as one of Northern California’s Super Lawyers, Kurt has argued cases before the Ninth Circuit Court of Appeals, the California Supreme Court, and the Third District Court of Appeals. He has also represented clients before the United States Supreme Court, as well as in administrative hearings, arbitrations (single and panel), writ proceedings, jury trials, and bench trials.

This blog post discusses key trends in trade secrets for 2025, including increased scrutiny of large damage awards, potential changes to noncompete enforceability, a high success rate for plaintiffs in trade secret trials, the impact of AI on trade secret protection, and the availability of foreign damages for misappropriation under the DTSA.…

Continue Reading 5 Trends to Watch: 2025 Trade Secrets

On Sept. 26, 2024, the U.S. Court of Appeals for the First Circuit ruled California’s statutory ban of noncompete agreements does not override Massachusetts law permitting noncompete agreements where the subject employee never worked in California.

Continue reading the full GT Alert.

Background on the FTC’s Noncompete Ban

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to ban virtually all noncompete agreements on the basis that such agreements constitute “an unfair method of competition” under the Federal Trade Commission Act (the Act).[1] The ban—which is currently set to take effect Sept. 4, 2024—will…

We are proud to present Greenberg Traurig’s Trade Secrets 2023 Year in Review, a high-level overview of some of 2023’s most significant trade secret decisions in the United States.

2023 started with a bang, when the Federal Trade Commission proposed a rule banning noncompete agreements between employers and “workers” (broadly defined to include employees, independent…

Starting Oct. 1, 2023, California employers must adhere to new regulations under the Fair Chance Act (FCA) concerning the use of an individual’s criminal history in employment decisions. These rules impact California Code of Regulations Title 2, Section 11017.1 and introduce additional steps for employers to follow when considering criminal history in hiring or other…

California generally takes an unfavorable view of noncompete provisions, treating them as unenforceable in all but a few limited circumstances, as those familiar with California employment law know. See, e.g., Business and Professions Code 16600 and Edwards v. Arthur Andersen LLP (2008) 44 Cal.4th 937.

Now, if recently introduced legislation finds support, those exceptions may…

California Labor Code section 925 remains a potent weapon for departing employees who live and work in California who wish to avoid covenants not to compete.  Often, employers will place choice of law provisions in their employment agreements and hope to enforce them in other states where such covenants are more likely to be enforced.…