Trade Secrets Year In Review: 2023

From the Editors

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 contractors, interns, and others). If adopted, the proposed rule would bar both prospective and existing noncompete agreements. As of this writing, there is no indication as to when the FTC will issue a final rule.

The FTC was not the only rulemaking body seeking to make changes in 2023. On Sept. 1, California's governor signed Senate Bill 699 into law, creating section 16600.5 which explicitly extends section 16600's prohibition on noncompete agreements to contracts signed out of state. Effective Jan. 1, 2024, section 16600.5 states that "[a]ny contract that is void