Intellectual Property, Administrative Law, Labor & Employment Law

President Obama Signs into Law the Theft of Trade Secrets Clarification Act

by Mike Delikat | Orrick - Global Employment Law Group on 1/4/2013

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act. The Act amends the Economic Espionage Act of 1996 (EEA) and expands the jurisdiction of federal courts over cases concerning...more

SIPO's Draft Measures on Service Invention

by Harris Gao | Sheppard Mullin Richter & Hampton LLP on 12/12/2012

On November 12, the State Intellectual Property Office (SIPO) released the Draft Measures on Service Invention«????????(?????)»(the “Draft Measures”) for public comments. Generally speaking, the Draft Measures enhance the...more

US Senate Increases Trade Secret Protections By Passing TTSCA

by Ashley Shaw | XpertHR - Partnered with LexisNexis on 12/6/2012

The US Senate recently approved the Theft of Trade Secrets Clarification Act (TTSCA) in an effort to eradicate a loophole brought to life in a recent Second Circuit case, US vs. Aleynikov, +676 F.3d 71. The new Act is...more

McAfee & Taft tiP Sheet - November 2012

by Sasha L. Beling, William D. Hall, Zach Oubre | McAfee & Taft on 11/20/2012

In This Issue: - 1 Common sense trade secret protection - 4 Canada’s Anti-Spam Legislation to impact electronic marketing and communications - 5 Concerns over copyright infringement drive Google to change...more

Noncompete News: Former Employee Can't Sue Employer Under Computer Fraud and Abuse Act Over The Ownership Of Employee's Social...

by FordHarrison on 11/5/2012

Executive Summary: A District Court in Pennsylvania entered judgment in favor of the employer on a former employee's Computer Fraud and Abuse Act ("CFAA") claim in a dispute over the ownership of the employee's LinkedIn...more

Another Social Media Battleground: Employee LinkedIn Accounts - "It's Mine" - "No It's Not"

by Mintz Levin - Employment, Labor & Benefits on 10/15/2012

In PhoneDog v. Kravitz, an employer and former employee battled over who owns a company-sponsored Twitter account. Now, LinkedIn joins Twitter, as it tries to claim title to the LinkedIn account of a former employee....more

What rights do employers have over employees’ social media accounts in light of LinkedIn/CFAA ruling?

by Looper Reed & McGraw, P.C. on 10/15/2012

Earlier this month, a federal judge ruled that when a company took over a departing employee’s LinkedIn account, the company did not violate the Computer Fraud and Abuse Act in the case of Eagle v. Edcomm....more

Indiana Joins the Emerging Majority Position on Uniform Trade Secrets Act Preemption of State-Law Tort Claims

by Wilson Sonsini Goodrich & Rosati on 9/21/2012

Last month, an Indiana appellate court became the latest court to adopt the majority position on the question of whether the Uniform Trade Secrets Act (UTSA) displaces state-law tort claims said to protect information that is...more

You Cannot Use the CFAA to Rein in Rogue Employees

by Sands Anderson PC on 9/4/2012

Employers in North Carolina, Virginia, Maryland, West Virginia and South Carolina have lost a potentially powerful method of protecting their electronic secrets from disgruntled employees who download sensitive material and...more

BLG Monthly Update for August 2012

by Neil Guthrie on 8/9/2012

Exotic dancer slips and falls, negligent handling of human remains and the usual neat contracts cases -- all this and more in the BLG Monthly Update for August!...more

The Reality of Compliance: The Individual Employee

by Michael Volkov on 8/8/2012

I have had more than one corporate general counsel tell me that anti-corruption compliance is not very effective in protecting against foreign bribery. Their argument is that a company’s compliance program boils down to the...more

Safeguarding your business' trade secrets

by Snell & Wilmer L.L.P. on 8/7/2012

Originally published in The Enterprise - Utah’s Business Journal - July 16-22, 2012 - Volume 41, Number 48. One of the consequences of being in a state that has an extremely well educated population combined with a...more

You Might Soon Have New Ammunition in Your Efforts to Combat Trade Secret Theft

by Foley & Lardner LLP on 8/3/2012

If three Democratic senators have their way, some companies may soon be able to protect their valuable trade secret information under federal law. On July 17, 2012, senators from Wisconsin, Delaware, and Rhode Island...more

De-CFAA-nating Federal Law: Recent Appeals Courts Decisions Weaken Statutory Protections Against Unauthorized Use of Electronic...

by Foley & Lardner LLP on 8/3/2012

The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (CFAA), is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more

Protecting Your Company’s Digital Information From Departing Employees 4th Circuit Weighs in on Liability Under the Computer Fraud...

by Poyner Spruill LLP on 7/31/2012

This past Thursday, July 26th, the US Court of Appeals for the Fourth Circuit issued an opinion addressing liability under the federal Computer Fraud and Abuse Act (CFAA) for departing employees who access and copy computer...more