Lock It Down: Trade Secrets, Talent Wars & Technology Protection for Energy Companies

Join Foley & Lardner LLP for a virtual lunch and learn featuring a practical discussion of the workforce, trade secret, and technology protection risks facing energy companies today.

The energy industry is facing mounting pressure to protect proprietary technology, confidential business information, and key talent in an increasingly competitive and fast-moving environment. As companies invest in advanced drilling technologies, AI-powered tools, trading strategies, and renewable energy innovation, trade secret and unfair competition risks are becoming more acute. At the same time, employee mobility across upstream, midstream, power, and renewables continues to increase, creating significant exposure when employees depart with sensitive information, customer relationships, or competitive intelligence.

The legal landscape is also shifting rapidly. Although the FTC’s attempted nationwide noncompete ban was judicially vacated, the agency has continued aggressive enforcement through warning letters, consent orders, and its Joint Labor Task Force. States are actively revising restrictive covenant laws, creating a patchwork of rules for multi-state employers, while Texas Business Courts are emerging as an important venue for high-stakes trade secret and business disputes. Meanwhile, AI partnerships and data center collaborations are creating new questions around ownership, confidentiality, and co-developed intellectual property.

Topics Include

• Building effective trade secret protection programs, including trade secret identification, secrecy measures, and common litigation pitfalls
• The evolving noncompete landscape, including FTC enforcement activity and state-law developments affecting energy employers
• Best practices for restrictive covenants, confidentiality protocols, and employee onboarding and offboarding procedures
• Immediate response strategies when key employees depart with sensitive information
• AI, data centers, and emerging trade secret risks in energy sector collaborations
• Texas Business Courts and their growing role in trade secret and intellectual property litigation
• Emergency injunctive relief, forensic review, executive departures, and trial strategy in high-stakes disputes
• Recent developments in Texas trade secret law, including important appellate guidance on damages, preemption, and trade secret identification

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