In an article for the Daily Journal, partner Seth Gerber writes that in the wake of the Federal Trade Commission’s proposed nationwide ban on noncompete agreements, there has been a heightened focus on confidentiality provisions. Looking at recent cases, Seth examines how overbroad confidentiality provisions also have been challenged on the grounds that the California Uniform Trade Secrets Act (CUTSA) displaces breach of contract claims based on confidentiality provisions that seek to protect information not qualifying as a statutorily defined trade secret.
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