This short article is to give a small firm practitioner’s view of the FTC’s abuse of Section 13(b) of the FTC Act (the “Act”). The Supreme Court will hold oral argument on the issue in AMG Capital Management, LLC v. FTC, No. 19-508, 2020 U.S. LEXIS 5378 (2020).
Trade secrets are often the life blood of a company and the competitive advantage of a trade secret determines whether a business lives, dies, or becomes the next Google or Uber. While everyone thinks of Apple, Coca Cola or Uber as the great concepts of our time, these companies grew primarily as a result of aggressive product development, cutting edge technology or creative business approaches that were the product of many years of hard work, innovation and people p...