Jim McQuade

Jim McQuade

Orrick, Herrington & Sutcliffe LLP

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Fifth Circuit Revisits Copyright Preemption of Trade Secret Law

The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank. The decision not only resolved the...more

7/24/2015 - Conversion Copyright Copyright Litigation Misappropriation Popular Preemption The Copyright Act Tortious Interference Trade Secrets

Sixth Circuit Affirms $250K Victory to SOX Whistleblower and Provides Broad Interpretation of SOX

On May 28, 2015, the Sixth Circuit in Rhinehimer v. U.S. Bancorp Investments, Inc. affirmed a $250,000 jury verdict in favor of a former financial advisor for U.S. Bancorp Investments (“USBII”) who alleged that he had been...more

6/12/2015 - Adverse Employment Action Employer Liability Issues Financial Adviser Hiring & Firing Jury Verdicts Popular Protected Activity Sarbanes-Oxley US Bancorp Whistleblower Awards Whistleblowers

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

And the Oscar Goes to... Equal Pay? Arquette’s Oscar Speech Sparks Comparable Worth Bill in California

Just in time for Women’s History Month, California State Senator and Chair of the California Legislative Women’s Caucus, Hannah-Beth Jackson, introduced Senate Bill 358 (SB 358), which seeks to narrow the gender pay gap in...more

3/18/2015 - Equal Pay Proposed Legislation

New Year’s Resolutions for Companies Seeking to Protect Their Trade Secrets in 2015

The start of a new year is a perfect opportunity to set lofty goals of self-improvement. While the odds of completing a New Year’s resolution aren’t exactly inspiring (over half are expected to fail within six months) studies...more

1/9/2015 - Confidentiality Agreements Data Protection Employment Contract Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants Trade Secrets

In the Nick of Time: Governor Cuomo Approves Repeal of Annual Wage Notices

As employers in New York were gearing up for distribution of the annual wage notices in January 2015, Governor Andrew Cuomo finally signed the amendment to New York’s Wage Theft Prevention Act that was passed by the...more

1/2/2015 - Andrew Cuomo Annual Notices Notice Requirements Wage Theft Prevention Act

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

Three Key EEO Cases to Watch on the SCOTUS Docket This Term

The Supreme Court is set to weigh in on several key questions for employers this term related to employee discrimination. When does an employer have to accommodate a pregnant employee? How about a job applicant who wears a...more

10/16/2014 - Abercrombie & Fitch EEOC EEOC v Abercrombie Employer Liability Issues Mach Mining SCOTUS Young v United Parcel Service

Federal District Court in San Francisco Sentences More Defendants in Trade Secret Cases

The U.S. District Court in San Francisco was busy this month sentencing defendants in two of the year’s biggest trade secrets cases. First, on July 10, U.S. District Court Judge Jeffrey S. White sentenced Walter...more

7/28/2014 - Criminal Prosecution Trade Secrets White Collar Crimes

U.S. Census Bureau Down for the Count after Certification Ruling in Criminal Background Check Case

Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest...more

7/9/2014 - Background Checks Census Census Bureau Class Action Class Certification Criminal Background Checks Criminal Records Discrimination Disparate Impact Employer Liability Issues Hiring & Firing Title VII

Getting An $800,000 Assist From The Government: Referring Trade Secret Theft For Criminal Prosecution Pays Off

We rely on the federal government for a lot of things, but helping a corporation recover attorney’s fees is not something that immediately comes to mind. ...more

6/2/2014 - Criminal Prosecution Mandatory Victim's Restitution Act Popular Theft Trade Secrets

California Court of Appeal Holds Employer Cannot Shorten Statute of Limitation on California Discrimination and Retaliation Claims

Can employers enter into binding agreements with employees to shorten the statute of limitations on discrimination and other employment claims? A California Court of Appeal decision answered that question with a resounding...more

4/1/2014 - Discrimination Retaliation Statute of Limitations

Payback Time: Using The Faithless Servant Doctrine To Combat Trade Secret Theft

Employers know all too well that their own employees are often the most likely people to misappropriate their confidential and proprietary information and their valuable trade secrets. Employers have plenty of weapons at...more

2/6/2014 - Breach of Duty Fiduciary Duty Misappropriation Trade Secrets Unfair Competition

Court Requires Employer To Pay Legal Fees Of Ex-Employee Charged With Trade Secret Theft

On October 16, 2013, a federal judge in New Jersey ruled that Goldman Sachs must advance the legal fees of a former employee charged with stealing Goldman’s source code. The order is the latest twist in a case that...more

12/13/2013 - Aleynikov Attorney's Fees Goldman Sachs Source Code Theft of Trade Secrets Clarification Act Trade Secrets

If You Fire Me Without Cause, Can I Ignore My Non-Compete And Steal Your Clients?

In the decades since Post v. Merrill Lynch, Pierce, Fenner & Smith, 48 N.Y.2d 84 (1979), in which the New York Court of Appeals concluded it would be unreasonable to enforce a non-competition agreement requiring forfeiture of...more

12/10/2013 - Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants Termination

EEOC Cut Short for Shortcutting Path to Court – Again

Last week, the EEOC suffered another major loss when a New York district court found that the EEOC once again shirked its pre-litigation obligations under Title VII. In EEOC v. Bloomberg, L.P., No. 1:07-cv-08383-LAP...more

9/17/2013 - Bloomberg Inc. Civil Rights Act Class Action Discrimination EEOC Pregnancy Discrimination Sex Discrimination Title VII

Know When To Fold ‘Em: Avoiding Bad Faith When Litigating Trade Secrets Cases

In his classic song The Gambler, Kenny Rogers famously advised: “You got to know when to hold ‘em, know when to fold ‘em, know when to walk away, know when to run.” It’s good guidance for surviving a poker table, but also...more

9/9/2013 - Bad Faith Evidence Liability Trade Secrets

Tenth Circuit Issues its First Decision Interpreting SOX: Offers Broad Reading of the Act

On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s...more

6/12/2013 - Administrative Review Board Hiring & Firing Protected Activity Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

California Supreme Court Allows See’s Candy Time Rounding Decision to Stand

Earlier last month, the California Supreme Court denied petitions to review and depublish the California Court of Appeal for the Fourth District’s decision in See’s Candy Shops, Inc. v. Superior Court, 210 Cal. App. 4th 889...more

3/4/2013 - See's Candy Shops Timekeeping Wage and Hour

Supreme Court Reaffirms Enforceability of Arbitration Agreement in Noncompetition Dispute

In a succinct opinion issued on November 26, 2012, the Supreme Court delivered a stern warning to state courts that fail to enforce arbitration clauses accompanying noncompetition agreements....more

12/11/2012 - Arbitration Agreements Federal Arbitration Act Non-Compete Agreements

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