Daniel Corbett

Daniel Corbett

Orrick, Herrington & Sutcliffe LLP

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THANKSGIVING EDITION [FROM THE ARCHIVES]: Court Protects Quizno’s Franchise Turkey Trade Secrets

This Thanksgiving, Trade Secrets Watch is serving a delicious tale about protecting trade secrets in a franchising relationship. In 1994, Quizno’s entered into a franchise agreement with Robert Kampendahl, an...more

11/23/2016 - Contract Terms Fast-Food Industry Franchise Agreements Franchises Non-Compete Agreements Preliminary Injunctions Restrictive Covenants Trade Secrets

Court of Appeal Gives California Employers a Break – but Not a Full Vacation – from PTO Reporting Requirements

Your employees may spend their time daydreaming about how to spend the vacation hours they accumulate each pay period – and in California, they are entitled to be paid out upon termination for any accrued, unused vacation...more

11/16/2016 - Paid Leave PTO Reporting Requirements Sick Leave Wage and Hour Wage Statements

DOL’s Final Rule on Sick Leave Takes Effect: Contractors Have Until Year’s End to Comply

On September 29, 2016, the DOL released a final rule requiring federal contractors to provide seven days of paid sick leave annually. More than 35,000 individuals and organizations submitted comments on the DOL’s proposed...more

10/12/2016 - Davis-Bacon Act DOL Executive Orders Federal Acquisition Regulations (FAR) Federal Contractors Medical Certification Requests Paid Leave Service Contract Act Sick Leave Wage and Hour

North Carolina’s “Bathroom Bill” Dealt a Blow as Debate on Transgender Access Continues

On August 26, 2016, a North Carolina federal judge blocked the University of North Carolina (UNC) from enforcing a state law requiring transgender people to use bathrooms and locker rooms corresponding to the sex on their...more

9/8/2016 - Department of Education Gender Identity School Restrooms Students Title IX Transgender

RIGHT IN THE BREADBASKET: Lessons From Early Cases at the Intersection of Noncompetes and the DTSA

As many TSW readers are aware, 2016 has been a big year for trade secret law, with both the United States and the European Union expanding trade secrets protections and increasing the uniformity of their laws. But as good as...more

8/29/2016 - Confidentiality Agreements Contract Terms Defend Trade Secrets Act (DTSA) Employment Contract Fast-Food Industry Hiring & Firing Jimmy John's Non-Compete Agreements Panera Papa John's International Restaurant Industry Restrictive Covenants

Decades Later, Questions Linger Over Disability Access Online, But ADA Litigation Continues

When the Americans with Disabilities Act (ADA) was enacted in 1990, computers used floppy disks and the “World Wide Web” was still being tested by scientists at CERN. So while the law’s drafters had a good sense of what...more

7/18/2016 - ADA Disability Discrimination DOJ Mobile Apps Public Accommodation Title II Website Accessibility

Brexit’s Potential Impact for Trade Secrets in the UK

To the surprise of many and the dismay of more than sixteen million United Kingdom voters, the previously unthinkable has occurred, the UK has voted to leave the European Union. In a tightly contested referendum, voters have...more

7/14/2016 - EEA EU EU Directive Intellectual Property Protection Member State Popular Referendums UK UK Brexit Whistleblowers

Seventh Circuit Holds That Mandatory Arbitration With Class Waiver Violates NLRA, Setting up Circuit Split

On May 26, the U.S. Court of Appeals for the Seventh Circuit held that a wage-and-hour class arbitration clause violated the National Labor Relations Act (NLRA), setting up a circuit split with the Fifth Circuit, and opening...more

6/7/2016 - Arbitration Agreements Class Action Arbitration Waivers Collective Actions Corporate Counsel Federal Arbitration Act NLRA NLRB Section 7 Wage and Hour

There’s No Longer an “App for That” in Austin: Lyft and Uber Pull Out Over Driver Fingerprinting Requirements

Rideshare companies Lyft and Uber announced on May 9 that they were no longer offering their services in Austin, Texas, after voters there rejected a proposed ordinance that would have eliminated fingerprint-based background...more

5/20/2016 - Background Checks Fingerprints Hiring & Firing Lyft Uber

BREAKING: President Obama Signs Defend Trade Secrets Act Into Law

On May 10, 2016, as anticipated, President Barack Obama signed the Defend Trade Secrets Act into law, wrapping up a lengthy bipartisan effort to bring trade secrets under federal system law. Some observed that the fact that...more

5/16/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Misappropriation New Legislation Trade Secrets Uniform Trade Secrets Acts Whistleblower Protection Policies

BREAKING: President Obama Signs Defend Trade Secrets Act Into Law

Yesterday, as anticipated, President Barack Obama signed the Defend Trade Secrets Act into law, wrapping up a lengthy bipartisan effort to bring trade secrets under federal system law. Some observed that the fact that...more

5/12/2016 - Asset Seizure Confidential Information Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Immunity Intellectual Property Protection Misappropriation New Legislation Private Right of Action Trade Secrets Whistleblower Protection Policies

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) Cloud Storage Computer Fraud and Abuse Act (CFAA) 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

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