Intellectual Property Labor & Employment Administrative Agency

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Is It Time to Switch Gears? Enforceability of Automotive Company Employee Confidentiality Restrictions

Given the large workforces and importance of intellectual property and trade secrets in the automotive industry, automotive companies rely heavily on confidentiality provisions in employment agreements and employee handbooks....more

Can You Keep a Secret? The SEC Says to Ask Carefully

Employers have a lot to be worried about. Employees are given access to trade secrets, customer lists, financial accounts, and other highly sensitive, confidential information. Most employers attempt to deter improper use of...more

NLRB Report Targets Unlawful Employer Handbook Rules

On March 18, the National Labor Relations Board's Office of the General Counsel (OGC) published a Report Concerning Employer Rules that discusses a variety of employee handbook rules addressed by the board in recent cases....more

Landry's Inc. v. Flores: NLRB Ruling Bucks Trend, Hints that Non-Infringement Provisions in Employee Handbooks may be Lawful

On June 26, a National Labor Relations Board (NLRB) judge ruled that Landry’s Inc., parent of Bubba Gump Shrimp Co., did not violate federal labor laws with its policy governing employees’ use of social media. Administrative...more

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

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

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

McAfee & Taft tiP Sheet - November 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...

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"

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?

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

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

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

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

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

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

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...

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...

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

Can I Protect My Trade Secrets Via Social Media Policy?

Everybody in the modern workforce is involved in social media in one way or another. Think about it. Even if your company does not utilize social media (which is becoming less and less likely), it is almost certain that your...more

Is Computer Fraud and Abuse Act for Hackers Only? Ninth Circuit Says Yes, and Supreme Court May Have to Make Final Call

Employers looking to hold employees liable for misappropriation of trade secrets or violations of company computer policies under the Computer Fraud and Abuse Act may have to find another avenue for relief. At least that's...more

The Ninth Circuit Weighs In on the Scope of Liability Under the CFAA

On April 10, 2012, the United States Court of Appeals for the Ninth Circuit issued its decision en banc in United States of America v. David Nosal, rejecting the notion that employees who breach their employers’ computer use...more

Former Employee Cannot Be Charged Criminally For Violating Company Computer Policy

On April 10, 2012, the Ninth Circuit filed its opinion in United States v. Nosal, holding that a former employee cannot be held criminally liable under federal law for receiving confidential company data and information from...more

En Banc Ninth Circuit Decision Could Send CFAA to Supreme Court for Review

Employers and website hosts cannot, by contractually limiting how individuals may use information stored on their networks, define acceptable limits of access ‘‘authorization’’ under the Computer Fraud and Abuse Act, the U.S....more

Noncompete News: Ninth Circuit Holds Employee Data Theft is Not Punishable Under the CFAA After All

Executive Summary: In its much anticipated en banc decision, the Ninth Circuit refused to extend the Computer Fraud and Abuse Act ("CFAA") to employee data theft in United States v. Nosal. The Court declined to "transform the...more

Starting a Kentucky Business Task List

List of legal and practical steps most entrepreneurs face in starting a business in Kentucky...more

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