Thomas Hubert

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Thomas Hubert is an Editor and Founder of the Trade Secret Insider and is a senior partner for Jones Walker’s Trade Secret and Non-Compete Team. Mr. Hubert has extensive trial experience in trade secret, non-compete, and unfair competition cases — where he has not only obtained and fended off injunctions but also won on the merits at trial. He also counsels clients on best practices for protecting trade secret information and for avoiding liability when hiring talent from a competitor. Mr. Hubert can be reached at thubert@joneswalker.com or 504.582.8384.

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Jones Walker Trade Secrets Team Adds Mediation Capabilities

By Thomas Hubert on Posted in Jones Walker Announcements, Trade Secret
Jones Walker’s trade secrets, unfair competition, and non-competes team has launched its mediation services backed by years of litigation in this field and with a full understanding of the contentious nature of these disputes. Managed properly, alternative dispute resolution (ADR) methods such as mediation can be a more efficient and cost-effective method of dispute resolution than litigation. … Continue Reading

Mediate Early and Sometimes Often

By Thomas Hubert on Posted in Non-Compete, Trade Secret
Trade secret, breach of fiduciary duty, unfair trade practices, breach of restrictive covenants and retention agreements, and the many state and federal claims that come with departing employees or groups of employees often scream out for mediation. As our blog has demonstrated time and again, aggressive, and immediate action is necessary in these situations and typically … Continue Reading

FTC Hosts Public Forum on Proposed Rule Banning Non-Compete Clauses

By Thomas Hubert, Joseph Lavigne and PJ Kee on Posted in Non-Compete
On February 16, the Federal Trade Commission (FTC) hosted a public forum to examine its proposed rule to ban non-compete agreements. Non-compete clauses serve to protect a business’s trade secrets and confidential information, which makes such a ban a concern for many businesses. The comment period for this proposed rule ends on April 19, so … Continue Reading

FTC To Host Virtual Public Forum

By Joseph Lavigne and Thomas Hubert on Posted in Non-Compete
As we recently reported, in January 2023, the Federal Trade Commission (FTC) announced a proposed nationwide ban on non-compete clauses. The proposed rule would restrict employers from enforcing all existing and future non-compete agreements with their employees. The FTC announced that it will host a free and open public forum on Thursday, February 16, 2023, from … Continue Reading

Comment Period for FTC’s Proposed Ban on Non-Compete Agreements Ends March 20 — The Time to Act Is Now!

By Joseph Lavigne, Thomas Hubert and PJ Kee on Posted in Non-Compete
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking essentially banning non-compete clauses and categorizing them as unfair methods of competition. Non-compete clauses serve to protect a business’s trade secrets and other confidential information, which makes the adoption of such a rule a major concern for all US businesses. Our previous article addressed … Continue Reading

Legal Challenges the FTC Faces in Light of Proposed Ban on Non-Compete Agreements

By Joseph Lavigne, Thomas Hubert and PJ Kee on Posted in Non-Compete
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking essentially banning non-compete clauses and categorizing them as unfair methods of competition. Non-compete clauses serve to protect a business’s trade secrets and other confidential information, which makes the adoption of such a rule concerning for all US businesses. Our previous … Continue Reading

How the FTC’s Proposed Ban on Non-Compete Agreements Could Affect Your Business

By Joseph Lavigne, Thomas Hubert and PJ Kee on Posted in Non-Compete
On January 5, 2023 the Federal Trade Commission released a Notice of Proposed Rule that would essentially ban all non-compete agreements between employers and employees. If the proposed rule or a similar rule is adopted by the FTC, it would have a profound impact on all US businesses and particularly those businesses that utilize non-compete … Continue Reading

Lavigne & Hubert Author Article in IPWatchdog

By Thomas Hubert and Joseph Lavigne on Posted in Trade Secret
Joe Lavigne and Tom Hubert, partners in the Labor & Employment Practice Group in the New Orleans office, authored “(Not-So) Amicable Separations: Preventing, Investigating, and Responding to Trade Secret Misappropriation by Departing Employees” published by IPWatchdog. Joe and Tom shared helpful tips to protect company trade secrets and confidential information from theft, liability, and employee … Continue Reading

Hubert and Kee Present on Protecting Company Information

By Thomas Hubert and PJ Kee on Posted in Data Protection, Trade Secret
Tom Hubert and PJ Kee, partners in the Labor & Employment Practice Group, presented “Don’t Let The Grim Reaper Hack Into Your Trade Secrets” during the Louisiana Chapter of the Association of Corporate Counsel October CLE on October 29, 2021. The presentation featured a discussion on proper techniques and best practices to protect yourself from … Continue Reading

Lavigne and Kee Discuss Employee Productivity, Information Security, and Confidentiality on HR Works Podcast

By Thomas Hubert on Posted in Confidential Information, Employee Monitoring, Trade Secret
Trade Secret Insider co-founders Joe Lavigne and P.J. Kee were guests on the recent HR Works Podcast episode “HR Works 128: Employee Monitoring and Protecting Trade Secrets.” During the episode, Joe, P.J., and show host Jim Davis discuss issues employers have while monitoring remote employee productivity as well as how employers can protect their trade secrets … Continue Reading

Federal Court Rejects Request for In-Person Deposition in Trade Secret Case

By Thomas Hubert and Jacob Pritt on Posted in COVID-19, Trade Secret
With the COVID-19 pandemic still ongoing throughout the United States, lawyers have had to come up with creative solutions to complete discovery, particularly when it comes to taking depositions. Over the past few months and for the foreseeable future, most depositions are taking place, at least in part, using videoconferencing technology. As these depositions have … Continue Reading

Federal Court Rules Damages under Trade Secret Act Can Extend beyond United States Borders

By Thomas Hubert and Jacob Pritt on Posted in Jones Walker Announcements, Trade Secret
After a trial that lasted more than three months, the eight-person jury empaneled by the Chicago-based court took only two and a half hours to deliberate, siding with Motorola and awarding them everything their attorneys had asked for in damages. The verdict came out to a shocking $764.6 million, or just under $350 million in … Continue Reading

Federal Court Rules Trade Secret Damages Can Extend beyond the U.S. border

By Thomas Hubert and Jacob Pritt on Posted in Trade Secret
In a high-profile trade secret case, a federal court in Chicago ruled that the federal Defend Trade Secrets Act (DTSA) extends beyond the U.S. and covers actions and damages that occur in other countries. Background. Back in 2017, telecommunications and technology conglomerate Motorola Solutions, Inc. brought a lawsuit against rival radio manufacturer Hytera Communicatoins Corporation, … Continue Reading

Supreme Court Expands Confidentiality Protections for Private Companies

By Thomas Hubert and Jason Culotta on Posted in Confidential Information, Public Records, Trade Secret
In Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that government agencies can withhold a private company’s records from public disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”) if the company has treated the information as confidential and also received promises from the government agency to maintain the information’s … Continue Reading

Federal Trade Secrets Bill Passes Senate

By Thomas Hubert, Joseph Lavigne and PJ Kee on Posted in Trade Secret
On Monday, the Senate unanimously passed the Defend Trade Secrets Act (“DTSA”) — a bill that would allow companies to pursue trade secret theft through civil litigation in federal court. This long-awaited measure is a major step towards elevating trade secrets to the level of federal protection enjoyed by the other intellectual property, such as patents, … Continue Reading

Comfortable With Your Non-Compete?

By Thomas Hubert on Posted in Non-Compete
A recent decision from a Pennsylvania appellate court should prompt employers to review their existing non-compete agreements. They may be unenforceable if applicable state laws have changed. In Socko v. Mid-Atlantic Systems of CPA, Inc., a Pennsylvania appellate court considered a common non-compete concern, but it was the first time that a Pennsylvania appellate court addressed it in … Continue Reading

Bring Your Own Device… But Beware

By Thomas Hubert on Posted in Confidential Information, Data Protection, Employee Monitoring, Trade Secret
Over the last decade, smart phones, laptops, and tablets have become essential components for a successful business model. Many business leaders correlate increased mobile connectivity with increased productivity. In theory, remote access to company data allows employees to efficiently work anytime, anywhere. “Bring Your Own Device” (BYOD) policies have emerged as one of the most popular options … Continue Reading
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