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Trade secrets give tech companies a competitive edge in a rapidly evolving landscape, where success depends on the ability to innovate. The unauthorized acquisition, use, or disclosure of trade secrets can result in significant loss and disruption, making it essential for organizations to have robust safeguards in place to protect their trade secrets. Here, we explore clear steps organizations can take to manage and mitigate risks with a focus on trade secret identification and the role of employees in trade secret protection.

Mission Critical: Protecting Tech Trade Secrets

Fast-paced developments

The technology sector continues to experience huge transformation with emerging technologies and advancements in AI. Companies are investing heavily in developing capabilities, and new services and products. Rapid innovation and desire to be first to market, has caused trade secrets to become an increasingly preferred method of protection over other types of intellectual property regimes, such as applying for a patent, which can be costly and raise complex timing considerations. Trade secrets can protect algorithms, processes, datasets, customer lists, and more. The trade secrets of companies at the forefront of AI and other tech innovation are highly valuable.

Expanding threat landscape 

Threat actors are leveraging tech advancements to steal vast amounts of company information through more sophisticated and efficient attacks. Heightened internet usage increases hacking risks from competitors, foreign governments and hacktivist groups.

AI developments currently require high computational power, concentrating progress in large tech companies. However, the competitor landscape is changing, with many start-ups and established companies building applications within the AI technology stack, alongside new players entering the AI frontier race. The demand for tech talent with the skills to drive innovation is at all-time high, making trade secret protection critical.

In the past few years, tech companies have also been especially susceptible to the public disclosure of confidential internal documents by employee activists motivated by non-monetary factors.

Legal remedies

Legal frameworks for protecting trade secrets have become more robust and varied across jurisdictions. Injunctive relief (to prevent use of trade secrets and reclaim them) is an essential tool in trade secret breach cases. Victims may also pursue financial remedies, such as damages.

Organizations should lay the groundwork to maximize their options in the event of breach. Penalties for trade secret theft include fines and imprisonment for criminal offences, and even economic sanctions. These penalties broaden the options available to victims, provide an avenue that avoids some of the practicalities of enforcement from a business point of view, and serve as a powerful deterrent. 

“One factor making effective action against employee trade secret theft more difficult is that employees increasingly use personal devices or personal messaging apps to capture or transmit work-related information; companies’ ability to access employees’ personal devices and communications through personal messaging apps is limited.
Jonathan Isaacs, Head of China Employment Practice, Hong Kong

“As tech firms compete to attract and retain tech talent while adjusting their workforces for future business growth, employee movement has increased, making the protection of trade secrets from competitors more crucial than ever. Baker McKenzie’s international depth in handling these complex competitor trade secret disputes around the globe allow us to better advise our clients and allow them to leverage our worldwide industry experience in this field.
Bradford Newman, Chair of North America Trade Secrets Practice, Palo Alto

Continue Reading Top Strategies to Safeguard Tech Trade Secrets
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The immigration policies of the Philippines, Vietnam, and the US are evolving due to shifting political, economic, and social dynamics, creating unique challenges for employers. The Philippines has tightened its process for employing foreign nationals, introducing new rules which prioritize Filipino citizens and skill transfer from foreign employees. In Vietnam, recent government restructuring has caused temporary disruptions in work permit applications, further complicating the country’s already stringent process. And though the US has not seen significant changes in employment-based immigration legislation, other federal policy shifts are impacting employers’ ability to bring new employees into the country.

Join our Global Immigration and Mobility attorneys as they examine immigration trends in these countries and offer key insights for employers navigating the current complex landscape.

Click here to listen to the Mobility Minute.

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On 2 February 2025 the first deadlines under the EU AI Act took effect. This included the AI literacy provisions, responsibility for which will likely be with HR teams and the ban on prohibited AI systems. What do these and other upcoming changes under the Act mean for in-scope employers?  

In this webinar, our multijurisdictional panel will share their insights on how the new legislation reshapes the existing legal landscape.

Together, they will provide practical tips and examples progressing from an overview of the key provisions of the Act for employers before taking a deeper dive into some more complex areas and finishing with a practical case study. Some of the areas covered include:

  • Applicability of the AI Act: exploring the scope of the new legislation including identifying prohibited and high risk AI practices in the HR sphere.
  • Key obligations of employers including addressing the requirements already in place, managing liability risks in AI-driven processes at the intersection of AI and the GDPR and anticipating the required standards of human oversight where this applies.
  • Employee representative involvement including the varying works council information, consultation and, in some cases, co determination rights across EU jurisdictions.

The webinar will take place on Tuesday, 27 May 2025 at 15:00 BST / 16:00 CEST and is scheduled to run for one hour. If you reside in a different time zone and wish to verify your time – please see timeanddate.com for the time in your location.

We will use Zoom as the presenting platform for this webinar. Click here to register. Please forward this to any of your colleagues who may be interested.  

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With nearly two-thirds of U.S. companies mandating formal return-to-work policies, employers may face challenges in enforcing RTO practices. Multinational employers should be aware of five key considerations and practical solutions to avoid potential roadblocks.

Click here to continue reading this article.

Original article published in Law360.

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Singapore, Australia and the US are taking distinct approaches to immigration policies, each with significant implications for employers. Singapore is balancing the attraction of highly skilled foreign talent with the need to prioritize local workers, potentially through stricter regulatory measures. In contrast, Australia’s new visa program has expanded opportunities for foreign talent by allowing more occupations and requiring less work experience, and its existing program has cleared a more direct pathway for employer-sponsored permanent residency. In contrast, the US is adopting more restrictive measures, increasing immigration enforcement and shifting DOJ priorities to protect US workers from discrimination.

Join our Global Immigration and Mobility attorneys in our latest Mobility Minute video chat as they explore these trends, potential pivots, and key considerations for employers navigating the complexities of the current landscape.

Click here to listen to the Mobility Minute.

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The two largest global economies-the US and China-stand in stark contrast with their current immigration policies. The US is moving towards restrictive measures, potentially hindering employers’ efforts to recruit and relocate foreign talent. China has taken a more open approach, resulting in a significant increase in foreign national travelers and policies streamlining work authorization for foreign national employees. But even China’s welcoming stance may not be sufficient to lure back foreign nationals to work long-term as trade wars and geopolitical tensions could cast a shadow over business with the outside world. In this Mobility Minute video chat, our Global Immigration and Mobility attorneys delve into the current immigration landscape in China and the US, discussing potential shifts that could impact employers in the near future and offering key considerations for navigating the present climate in both countries.

Click here to listen to the Mobility Minute.

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In 2025, the world continues to grapple with an unprecedented array of challenges. In this complex landscape, employee activists across industries increasingly make unreasonable demands which the impacted company cannot meet, while taking and leaking sensitive and confidential company trade secrets to garner internal and external sympathy for their campaigns. 
 
Please join our Trade Secrets team on April 8 for a webinar exploring this rapidly evolving issue. We will discuss:

  • How to prepare ahead of time for an activist campaign
  • New strategies specifically designed to safeguard confidential information in this scenario and minimize risk
  • Steps to prevent/ manage disruptions and reputational risks
  • Novel measures designed to catch actual leakers of corporate confidential information.

We hope you are able to join us for this enlightening session. This webinars will not be recorded given the nature of the subject matter we will cover.

Date: Tuesday, April 8
Time: 2:00 – 3:00pm ET

Click here to register.

CLE: 
This program has been approved for 1.0 general California CLE credit, 1.0 general Illinois CLE credit (IL PCAM # 617804), 1.0 cybersecurity, privacy & data protection (general) New York CLE credit and 1.0 general Texas CLE credit (TX Course # 174251849). Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York. This program is appropriate for both experienced and newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. 

**While credit may be pre-approved in certain jurisdictions, final CLE accreditation approval is anticipated, but not guaranteed.

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Recent media coverage highlights incidents relating to enhanced vetting and potential travel bans of foreign nationals by State and Homeland Security officials at US Consulates and US ports of entry. Several countries have issued travel advisories for the United States. While the reported cases impact a limited number of individual travelers, the widespread news has caused increased anxiety for all foreign national travelers seeking entry to the United States.

What do employers need to know about what is happening now?

Early Executive Orders of the Trump administration focus on increased border security, enforcement priorities, and implementation of enhanced vetting in relation to immigration requests. Immigration officers, particularly at US ports of entry, have started to execute these measures in relation to foreign travelers, including those with valid visas or green cards, seeking to enter the United States in recent weeks.

Travelers attempting to enter the United States, including business visitors and employer-sponsored visa-holders, have reported heightened questioning by Customs and Border Protection (“CBP”) officials and increased scrutiny upon entry. CBP routinely assesses whether a foreign national’s stated purpose in traveling to the United States aligns with their visa or immigration status. However, there appears to be a growing trend with CBP officers employing more in-depth questioning tactics, including:

  • An increase in questions, and requests for supporting documentation, relating to the purported reason for entry and proposed activities in the United States to confirm they align with the individual’s visa or immigration status;
  • An increase in foreign travelers being sent to secondary inspection for further questioning by CBP officers at US ports of entry; and
  • Inspection of electronic devices, including phones and computers.

There are reported rumors with regard to a potential travel ban for citizens of certain countries. Although media reports have identified 43 countries for which varying degrees of travel restrictions may be imposed in the coming days or weeks, there have been no official announcements as of the date of this publication. In the absence of an official announcement and based on reported activities at the border, visa-holding travelers that may face a higher risk of increased scrutiny include:

  • Current (or prior) citizens or residents of a country identified in media reports as countries that are likely to be subject to travel bans or restrictions.
  • Current citizens or residents of a country where there are diplomatic tensions with the United States (e.g., due to tariff policies).
  • Travelers with passport stamps evidencing recent travel to high-risk countries
  • Individuals traveling while an extension of status is pending or when the traveler’s status is due to expire.
  • Passport holders with X gender markers on their passports.

What should employers do?

With the increase in enforcement and scrutiny involved with travel to the United States, employers should take the following steps now to prepare:

  • Ensure employees possess the required documentation and supporting evidence, where necessary, when returning to the United States from international travel.
  • Establish a communication protocol for employees to alert the legal and human resources department of future travel plans. Designate a point of contact for employees in case of issues while travelling.
  • Create a company policy with regard to how employees should handle sensitive data on their electronic devices when traveling internationally.
  • Hold town halls to address employee concerns and discuss appropriate protocol for interactions with immigration officials.
  • Remain current on immigration news and updates to address employee and business concerns by signing up for USCIS alerts and press releases and reaching out to your Baker McKenzie point of contact with any questions.

For further information, please refer to the following resources:

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We are pleased to share with you The Global Employer – Global Immigration & Mobility Quarterly Update, a collection of key updates from Canada, Italy, Philippines, the United Kingdom, and the United States.

Click here to view.

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As discussed in our blog here, President Trump’s series of executive orders aimed at eradicating “illegal” diversity, equity and inclusion policies and programs across the federal government and in the private sector did not define the term “illegal discrimination.” On March 19, the Equal Employment Opportunity Commission and the Department of Justice released guidance addressing this and outlining how DEI practices may be unlawful under Title VII of the Civil Rights Act of 1964 if they involve an employer or other covered entity taking an employment action motivated—in whole or in part—by an employee’s or applicant’s race, sex, or another protected characteristic.

Together, the EEOC and DOJ issued a joint one-page technical assistance document entitled “What To Do If You Experience Discrimination Related to DEI at Work,” providing examples of “DEI-related discrimination” under Title VII and directing employees who “suspect [they] have experienced DEI-related discrimination” to “contact the EEOC promptly.” 

The EEOC simultaneously released more detailed guidance entitled “What You Should Know About DEI-Related Discrimination at Work,” which includes eleven questions and answers addressing the process for asserting a discrimination claim and the scope of protections under Title VII as they relate to DEI practices.

Continue Reading EEOC and DOJ Issue Joint Guidance on DEI-Related Discrimination