Derek Knerr

Derek Knerr

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Think Before You Tack CFAA Claims on to Your Trade Secret Misappropriation Case

Before you include a Computer Fraud and Abuse Act (“CFAA”) claim in a trade secret case, consider carefully: was the data acquired through “unauthorized access” or was it just misused by the defendants? If it was properly...more

10/12/2015 - CFAA Computer Fraud and Abuse Act Confidential Information Corporate Counsel Misappropriation Motion to Dismiss Trade Secrets Young Lawyers

Trade Secrets And 3rd Parties: Litigation Traps To Avoid

Many companies have developed trade secrets policies to protect their valuable information, but even forward-thinking companies may not have internal controls to avoid liability as third parties to alleged trade secret...more

1/13/2015 - Contractors Misappropriation Third-Party Third-Party Liability Trade Secrets Vendors Vicarious Liability

Backlash Against Jimmy John’s Non-Compete Agreement Highlights Risks of Overzealous Business Protection Measures

The submarine sandwich franchise Jimmy John’s has come under fire recently following the publication of a broad non-compete agreement that it has allegedly required rank-and-file employees to sign. The non-competition...more

1/2/2015 - Corporate Counsel Employer Liability Issues Employment Contract Fast-Food Industry Jimmy John's Non-Compete Agreements Putative Class Actions Restaurant Industry Trade Secrets Wage and Hour

Pyrrhic Victory For Parties Seeking Fracking Fluid Disclosures

Parties advocating public disclosure of the chemical makeup of fracking fluids may have won a recent battle in Wyoming, but are they losing the war? On March 12, 2014, the Wyoming Supreme Court in Powder River Basin Resource...more

4/4/2014 - Chemicals Disclosure Requirements Fracking Oil & Gas

Fracking Trade Secret Rules: A Tug Of War Without Winners

In the approximately 31 states with known reserves amenable to hydraulic fracturing, or “fracking,” a tug of war is being waged between an oil and gas industry seeking to protect its proprietary processes and environmental...more

10/25/2013 - Energy Policy Fracking Fracking Bans Natural Gas Oil & Gas OSHA Shale Gas

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