Trade Secrets, Non-Competes and Remote Work: Part II

Business litigation partners Ryan Hurley and Harmony Mappes coauthored part two of a two-part series for Indiana Lawyer regarding non-compete agreements. Part one explored recent developments restricting the use of non-competes. This article focuses on how the increased scrutiny on non-compete agreements may impact trade secret protection, particularly in the remote and hybrid work environments.

The authors explain that the legal landscape surrounding non-competes is far from uniform among states. They note that more than 30 states have introduced bills to modify existing non-compete laws, and 22 of those states have enacted changes.

Hurley and Mappes highlight that, as more employees have shifted to remote work, the patchwork of non-compete laws has become more relevant to employers. With employees working from anywhere, knowing which state’s laws to follow can be a challenge; for companies concerned about protecting trade secrets, the body of law is significant.

The full article is available for Indiana Lawyer subscribers.