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Michael E. Brewer

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Michael Brewer is the Managing Partner of Baker McKenzie's California offices in San Francisco, Palo Alto and Los Angeles and Chair of the Firm’s Global Employment & Compensation Practice. A trial lawyer who represents global and domestic clients, Michael has tried class action and single plaintiff employment cases before judges, juries and arbitrators. Super Lawyers has repeatedly recognized Michael for his superior defense of employment claims.

It has become clear that flexibility is currency in the new working world and legal frameworks are evolving to catch up with the changing working culture. Four-day work-weeks, flexible working arrangements and the right to disconnect are all on offer to employees, giving the opportunity for better work-life balance, and giving employers a competitive edge in talent retention.

Employers have been keeping a close watch for rulemaking and action by the Federal Trade Commission restricting non-competes. The FTC answered the Executive Order’s call with enforcement activities and a proposed rule signaling a considerable effort to prioritize employer-employee non-compete covenants as an area for increased enforcement. In this video, our Labor & Employment, Antitrust & Competition and Trade Secrets lawyers discuss the FTC’s proposed rule and enforcement activity, what it means for employers, and what employers can do now to protect their trade secrets in light of what may be coming from the FTC.

As organizations settle into more flexible working arrangements in the wake of the pandemic, we are seeing a wave of changes in Inclusion, Diversity & Equity-related legislation. Across the globe, governments are seeking to augment long-established, generic laws on equality to promote inclusion and diversity in the workforce and keep up with measures that many organizations are already implementing. In this update, we summarize recent trends and developments in I,D&E, focusing in particular on those relating to women in the workplace and work-life balance.

With increased regulatory scrutiny and the emergence of employee activism, companies have experienced an elevated risk of trade secret disclosure from current or former employees acting as putative whistleblowers. In this episode, Aaron Goodman (Partner, Los Angeles) discussed key factors companies should consider in balancing their trade secret interests against the protections afforded to whistleblowers, with a focus on recent whistleblower laws across the globe.

Today’s remote working environment can lead to unexpected complications when employers seek to prevent the disclosure of trade secrets or enforce restrictive covenants. Stephen Ratcliffe (Partner, London) outlines some of the key trade secrets issues that arise in remote working scenarios and provides practical tips for avoiding common pitfalls.

Across the world, trade secrets are becoming increasingly important. As companies align workforce transformation, manage supply chain operations and balance the needs of their digital transformation journey, new strategies are required for the identification, protection and enforcement of their most valuable, complex and market-differentiating trade secrets.