Tag results for 'unfair competition'

Walking out the door in Brazil: trade secrets, confidential information and post-employment obligations

This article examines the Brazilian legal framework governing the protection of trade secrets and confidential information in the context of employment relationships, with a particular focus on the obligations that persist after the employment bond is dissolved. It analyses the relevant statutory instruments, the role of unfair competition law as the primary post-employment enforcement mechanism, available remedies and emerging trends in the Brazilian courts.

Released on Jun 9, 2026

When former employees become a vector for IP infringement, trade secret misappropriation and unfair competition

When a service company loses a key client only to find a newly formed competitor, staffed by former employees, using its own operational tools, already in operation, the legal response rarely rests on a single cause of action. This article examines three interlocking claims under Portuguese law: unfair competition through employee diversion, trade secret misappropriation and copyright infringement. It also surveys the procedural tools available — disclosure orders, injunctions and damages mechanisms — that determine whether the legal response is effective in practice.

Released on Jun 9, 2026

Guarding the crown jewels: legal strategies to prevent strategic data leaks post‑employment

This article examines the legal strategies available to companies under French law to protect trade secrets from misappropriation by departing employees, with a focus on the contractual, procedural and evidentiary tools shaped by the landmark Law of 30 July 2018 and a series of recent Supreme Court (Cour de Cassation) rulings. It argues that effective protection depends not only on litigation readiness, but on the preventive architecture built before the departure occurs.

Released on Jun 9, 2026