Daniel Corbett

Daniel Corbett

Orrick, Herrington & Sutcliffe LLP

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In Biggest Expansion of IP Law in 70 Years, Congress Passes Defend Trade Secrets Act

Yesterday Congress passed federal trade secrets legislation (the “Defend Trade Secrets Act” or “DTSA”) by an overwhelming 410-2 vote. The Wall Street Journal notes that the DTSA has been called the “most significant...more

4/28/2016 - Defend Trade Secrets Act (DTSA) Intellectual Property Protection Pending Legislation

Get Off My Cloud: “BYOC” Workplaces Pose Trade Secrets Risks

There’s been a lot of talk in recent years about “BYOD” (“Bring Your Own Device”) policies, which are becoming increasingly common in the workplace. Employees want the flexibility and ease that comes with being able to use a...more

4/27/2016 - Breach of Duty Bring Your Own Cloud (BYOC) CFAA Cloud Storage Confidentiality Agreements Conversion Dropbox ECPA Employment Contract Google Hospitals Injunctions Pharmaceutical Industry Toyota Trade Secrets Trademark Infringement

Game-Changing Overtime Regulations Advance to OMB Ahead of Schedule, Final Rule Could Arrive as Early as April 2016

The U.S. Department of Labor (DOL) sent its much anticipated final overtime regulations to the Office of Management and Budget (OMB) for review on March 14, 2016. Technically, this move came slightly ahead of schedule. OMB...more

3/25/2016 - DOL Final Rules FLSA Minimum Salary OMB Over-Time Wage and Hour White-Collar Exemptions

Aviation Contractor Glides Away From Liability After Receiving Unsolicited Email Containing Trade Secrets

If a third party sends you someone’s trade secrets, and you delete them as soon as you know they’re trade secrets, you’re off the hook for misappropriation. That, in a nutshell, is what a Florida federal judge held on...more

1/29/2016 - Aviation Industry Corporate Counsel Dismissals Misappropriation Narcotics Popular Trade Secrets Whistleblowers

DOL Continues to Push Its Agenda with New Guidance on Joint Employment

Solicitor of Labor Patricia Smith likes to quip that the Department is “working overtime on overtime.” DOL took a break from the much-anticipated overtime regulations and issued new guidance yesterday on the question of who...more

1/22/2016 - Browning-Ferris Industries of California Inc. DOL FLSA Joint Employers Migrant Workers Seasonal Workers Wage and Hour

EEOC Keeps Its Resolution to Litigate Company Wellness Programs Under ADA, Despite Recent Victory for Employers

With the holidays now behind, many employees view the New Year as an opportunity to lose weight, exercise more, or make any number of other resolutions to improve their health. And it’s not just individuals seeking healthier...more

1/12/2016 - ADA EEOC Health Insurance Safe Harbors Wellness Programs

Throwback Thursday: Why Trade Secret Theft Isn’t Just a Digital Problem And What Businesses Can Do About It

With stories of cyberattacks and data breaches on a seemingly endless loop, businesses and governments have been doubling down on their efforts to protect digital information and assets.  But, in some industries, the greatest...more

9/4/2015 - Audio Recording Confidential Information Cyber Attacks Cyber Crimes Cyber Threats Cyberforensics Cybersecurity Data Breach Data Privacy Data Protection Data Security FBI Hackers Popular Property Theft Surveillance Trade Secrets Video Recordings

Secret Recipes: Fracking Fluid Fracas

Several of our previous posts have covered the trade secrets implications of laws that require disclosure of hydraulic fracturing fluid ingredients. As today’s method of hydraulic fracturing combined with horizontal drilling...more

8/4/2015 - Bureau of Land Management Compliance Energy Policy Act Fracking Halliburton Obama Administration Oil & Gas Popular Safe Drinking Water Act Shale Gas Trade Secrets Tribal Lands Well Drilling

Texas Federal Court: Copyright Law Doesn’t Preempt Trade Secrets Claim Where “Extra” Elements Exist

We’ve blogged on trade secret preemption before, but we’ve usually focused on trade secrets claims preempting other types of claims, and not the other way around. But, as the cowboy in the cult-classic film The Big...more

7/3/2015 - Copyright Preemption Software Trade Secrets U.S. Navy

Emergence of Transgender Status Issues in Workplace Raises Compliance Questions for Employers

Transgender issues have been grabbing headlines in recent months—perhaps most notably with Bruce Jenner’s televised announcement about his gender transition. Beyond the bright lights of pop culture, a wave of litigation and...more

5/22/2015 - Best Management Practices Corporate Counsel Employer Liability Issues Gender Discrimination Risk Assessment Risk Mitigation Transgender

Back in a Flash: Sergey “Flash Boy” Aleynikov Returns to Court for New Trial

Sergey Aleynikov’s six-year odyssey through the U.S. judicial systems—both federal and state—continues.  Last week, Aleynikov stepped into a New York State courtroom to defend himself at trial against a pair of criminal...more

4/17/2015 - Aleynikov Criminal Prosecution Goldman Sachs High Frequency Trading Popular Source Code

Former Licensee Knocks Wind Out Of Sail Manufacturer’s Trade Secrets Claims

In the fiercely competitive world of professional sailing, every second matters. And, as with any sport, competitors look to gain any advantage they can by getting their hands on the latest equipment, fine-tuned to give them...more

2/9/2015 - Federal Rules of Civil Procedure License Agreements Manufacturers Trade Secrets

The View from the Beltway: USPTO Symposium Highlights Increasing Economic Importance of Trade Secrets, Likelihood of Federal...

On January 8, 2015, the United States Patent and Trademark Office (USPTO) hosted its first-ever event on trade secrets.  As we noted when we announced news of the event, the mere fact that the USPTO, an office whose primary...more

1/19/2015 - Legislative Agendas Symposium Trade Secrets USPTO

Medical Marijuana Cards: A New Scarlet Letter? First-of-its-Kind Lawsuit in Rhode Island Claims that Employer Discriminated on...

A Rhode Island graduate student has filed a lawsuit against a textile company, alleging that it discriminated against her because she used medical marijuana. The complaint, filed by the local ACLU chapter on behalf of...more

1/7/2015 - ACLU ADA Anti-Discrimination Policies Corporate Counsel Discrimination Employer Liability Issues Hiring & Firing Internships Marijuana Medical Marijuana

USPTO to Host First-Ever Symposium on Trade Secrets

The U.S. Patent and Trademark Office (USPTO) is hosting its first Trade Secret Symposium on Thursday, January 8, 2015, at the USPTO building in Alexandria, Virginia. The fact that the USPTO, an office whose primary focus is...more

12/22/2014 - Professional Conferences Trade Secrets USPTO

San Francisco Enacts Broad Protections for Employees of “Formula Retail” Establishments

On December 5, 2014, San Francisco enacted two ordinances, dubbed the “San Francisco Retail Workers’ Bill of Rights,” that will extend benefits to part-time retail and food service employees and require certain employers to...more

12/17/2014

NLRB Reverses Course on Employer Email, Creating Presumptive Right of Employees to Use Work Email Systems for Union Organizing

In a game-changing 3-2 decision on December 11, the National Labor Relations Board (NLRB or Board) overruled its 2007 Register Guard decision, which upheld the right of employers to limit employee access to company email...more

12/16/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

Running Interference: S.D.N.Y. Lays Out Standards for Tortious Interference in Dispute Between Watchmaker and Former Employees

The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to...more

11/20/2014 - Employment Contract Employment Policies Former Employee Misappropriation Restrictive Covenants Tortious Interference Trade Secrets

Take Your Pick: E.D.N.Y. Decision Offers Guidance for Plaintiffs and Defendants Alike on How to Handle “Picking Off” Attempts in...

“Sometimes surrender is the best option.” That is how Judge Raymond J. Dearie of the Eastern District of New York begins his opinion in Anjum v. J.C. Penney Co., Inc., before denying J.C. Penney’s motion to dismiss a putative...more

11/5/2014 - Collective Actions Federal Rules of Civil Procedure FLSA Rule 68

Cyber-Symbolism? DOJ Announces First-Of-Its-Kind Prosecution Of State Actors — But Does It Matter?

The U.S. Justice Department has charged members of the Chinese military with allegedly engaging in economic espionage against American companies. It’s the first time that the United States has leveled such charges against...more

5/20/2014 - Alcoa China Criminal Prosecution DOJ Espionage Extradition Indictments Industrial Espionage Jurisdiction US Steel

Ninth Circuit Upholds $5K Sanctions Award Against Attorney Based On Factual Misrepresentations In Trade Secrets Dispute

Earlier this week, the Ninth Circuit approved a district court order from the Northern District of California imposing $5,000 in sanctions against a plaintiff’s attorney for factual misrepresentations made in an underlying...more

3/7/2014 - Attorney Malpractice Attorney Misconduct Misrepresentation Trade Secrets

Green Chemistry And Trade Secrets: California Leads Chemical Disclosure Movement, As Companies Wrestle With Options For Protection

Earlier this year, we picked mandatory public disclosure laws as a trend to watch in 2014. Developments in California seem to bear that out, and trade secrets owners will want to keep a close eye on the “green chemistry”...more

2/14/2014 - Chemicals Department of Toxic Substances Control Disclosure Requirements Green Chemistry

Enforcing Non-Competes Against Telecommuters

The number of people working from home, or “telecommuting,” has increased over time, with Census data showing that 17 percent of American employees do their jobs remotely. When someone is working very far from the office,...more

1/15/2014 - Non-Compete Agreements Restrictive Covenants Telecommuting

Time’s Up: Supreme Court Upholds Enforcement of Claim Limitations in ERISA Plan Language

Christmas may have come a little early for plan administrators and companies looking for clarity in ERISA litigation. Last Monday, the U.S. Supreme Court ruled 9-0 in Heimeshoff v. Hartford Life & Accident Insurance Co. that...more

12/30/2013 - Claims Limitations Period Equitable Tolling ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. Plan Administrators SCOTUS Statute of Limitations

Let The Chips Fall Where They May: Nevada Court Dismisses CFAA Charges Against Casino Players Who Cashed In On Video Poker...

Hollywood has given us many stories of casino capers, from mobsters skimming profits in Scorsese’s Casino to the card-counting savant in Rain Man. But a real-life caper recently played itself out in Nevada federal court,...more

12/9/2013 - Casinos CFAA Gambling

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