Civil Procedure Labor & Employment Intellectual Property

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

There's A Difference Between "Confidential And Proprietary Information" And A Trade Secret

I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October...more

May Court Decision Round-Up

Nedschroef Detroit Corp. v. Bemas Ents. LLC, Case No. 14-10095, 2015 WL 2453511 (E.D. Mich. May 22, 2015). U.S. District Judge Linda V. Parker granted summary judgment in favor of plaintiff Nedschroef Detroit Corp...more

Trade Secrets Misappropriation Suit Over Solicitation of Employees - Cypress Semiconductor Corporation v. Maxim Integrated...

In Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc., the California Court of Appeal affirmed a trial court’s award of $180,817.50 in attorneys’ fees plus costs to Maxim Integrated Products, Inc. as the...more

North Carolina Business Court Holds Pleading Stage Too Early to Dismiss Broad Non-compete

On May 7, 2015, Judge Gregory McGuire of the North Carolina Business Court denied defendants’ motion to dismiss a claim that a physician’s assistant breached non-competition and non-solicitation provisions in her employment...more

Things to Think About Before You Leave to Work for a Competitor

An employee who leaves a company to work for a competitor can run into a hornet’s nest of legal problems.  The latest example of this classic fact pattern involves William Georgelis, a sales manager for building material...more

Employer Can Proceed With Breach Of Noncompete And Trade Secrets Claims Against Former Employee Who Refused To Relinquish Control...

Recently, an Illinois federal district court denied in part an employee’s motion to dismiss various claims asserted by his former employer, allowing the employer to proceed with its claims for breach of a non-compete...more

Court, Applying Pennsylvania And California Law, Declines To Enjoin Alleged Violation Of Worldwide Non-Compete

A non-competition covenant prohibited employees of Adhesives Research (AR), a company based in Pennsylvania, from performing services for a competitor of AR anywhere in the world for two years after termination. Newsom, AR’s...more

Another Frivolous Trade Secret Case: Court Finds Bad Faith in Cypress v. Maxim

Cypress Semiconductor Corporation and Maxim Integrated Products are two big Silicon Valley tech companies, both with an interest in touchscreen technologies. In February 2011, Maxim engaged a recruiter named Zion Mushel to...more

An Interesting Trade Secrets Case From The Business Court

If you were unsure whether customer information held by your client -- like customer contact information, sales reports, prices and terms books, sales memos, sales training manuals, commission reports, and vendor information...more

Protecting Trade Secrets Insufficient to Enforce Covenant Not to Compete in Any Capacity Worldwide - NanoMech, Inc. v. Suresh

Addressing the enforceability of a non-compete agreement to protect trade secrets, the U.S. Court of Appeals for the Eighth Circuit upheld a ruling finding that a non-compete agreement which prevented the employee from...more

Can your social media contacts be a trade secret of your employer? Maybe.

This is a relatively new legal subject, so there isn’t much law out there.  In December, 2011, a Pennsylvania federal court answered this question in the negative.  In the case of Eagle v. Morgan, Linda Eagle, the founder of...more

Must a Company Reveal Trade Secrets to Prove Trade Secret Theft

When you learn a former employee has stolen your trade secrets to take them across the street to benefit a competitor, your quickest remedy is to sue him and try to shut him down through an injunction. Oftentimes, the new...more

Is your confidential information “property” if it does not qualify as a trade secret?

The answer likely is “no” according to a recent decision from a federal court in San Francisco. The plaintiff in that case, a data storage company, alleged that a competitor misappropriated its trade secrets by illegally...more

Has the "Inevitable Disclosure" Doctrine Found a Foothold in North Carolina?

Twenty years ago, the Seventh Circuit Court of Appeals in PepsiCo, Inc. v. Redmond, 54 F.3d 1262 (7th Cir. 1995) advanced the “inevitable disclosure” doctrine in trade secret misappropriation cases. The doctrine essentially...more

Supreme Court Update: TEVA Pharmaceuticals USA V. Sandoz (13-584); Department Of Homeland Security V. Maclean (13-894); Holt V....

Greetings, Court fans! While we in New Haven were more-or-less spared having to dig out from "Winter Storm Juno" (aka "snowbigdeal"), it's taken us a while to dig out from the Court's recent pile of opinions. With this...more

Court of Appeal of Alberta Upholds Employers Anton Piller Order

Among the Court of Appeal of Alberta’s first decisions of the New Year, was its decision in Peters & Co Limited v Ward, 2015 ABCA 6 (CanLII), regarding the matter of an Anton Piller Order obtained by an employer, an...more

Patent Infringement Lawsuit Reminds ERISA Fiduciaries to Monitor Service Providers

In August 2014, GRQ Investment Management, LLC (GRQ) sued Financial Engines, Inc. and Financial Engines Advisors, LLC (collectively, Financial Engines), alleging that Financial Engines’ sale of account management and advisory...more

UPDATE-The Employees Strike Back: High-Tech Giants Increase Settlement Offer in Wage-Fixing Suit

As discussed in my prior blog post, Google, Apple, Intel and Adobe stand accused of conspiring not to poach one another’s employees in order to keep wages down.  Attorneys representing the class-action employees agreed to...more

Swiping from the Swoosh: Nike sues former shoe designers for trade secret theft

Nike recently sued three of its former shoe designers who defected to Adidas, claiming the trio brought trade secrets with them, including Nike’s strategic development plans, design drawings, and other information “tied” to...more

Show Me the License: Is Your Company Ready?

Good record-keeping is a burden. But doing so is important. Here is an example of why it is important to keep good records of all software licenses....more

Secret Connections: LinkedIn contacts may be a trade secret

A California court recently determined that an employee’s LinkedIn contacts could be considered a “trade secret” in a case where the employee retained his contacts after he left the company and began a competing venture....more

Fabricating Evidence and Losing Arbitration

Seagate Tech., LLC v. W. Digital Corp - Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider...more

50,000 Reasons for Employees to Think Twice Before Taking Their Employer's Copyright Works and Confidential Information

An ex-employee was recently ordered to pay his former employer AUD50,000 in damages after the Federal Court (Court) held that the employee had infringed copyright and breached his employment agreement and duty of...more

Supreme Court Update: Warger V. Shauers (13-517), Integrity Staffing Solutions V. Busk (13-433) And Order List

We're back with summaries of the first signed decisions of the term, Warger v. Shauers (13-517) on whether Federal Rule of Evidence 606(b) precludes juror testimony during a proceeding in which a party seeks to secure a new...more

Social Media and Non-Solicitation Covenants – Another LinkedIn Cautionary Tale, but this One for Employers

Those of you who joined us for our November 13 webinar on “Post-Employment Solicitation of Customers & Employees in the Social Media Age” will be interested in a recent social media-related non-solicitation case from...more

113 Results
|
View per page
Page: of 5

Follow Civil Procedure Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×