Intellectual Property, Labor & Employment Law, Business Torts

Supreme Court of Georgia Rejects Independent Claim for "Inevitable Disclosure"

by Kenneth Vanko | Clingen Callow & McLean, LLC on 5/8/2013

The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

by Thomas Dye | Carlton Fields on 4/25/2013

Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more

New Laws Increase Criminal Liability For Disclosure Of Trade Secrets: Are You Protected?

by Sarah Hopkins, Heidi Sachs | Perkins Coie on 4/17/2013

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation. These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act...more

Speaking Of . . . Trade Secrets - Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

by Walter Judge | Downs Rachlin Martin PLLC on 3/15/2013

When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both. What’s an appropriate measure of damages when your trade secrets are...more

Jurisdiction for an International Computer Fraud Lawsuit?

by Shawn Tuma on 1/12/2013

The proper jurisdiction for suing someone for engaging in computer fraud from a foreign country, directed at a company in the United States, is the place where the wrongfully accessed computer server is located if the...more

Industry Custom May Be Basis for Establishing Secrecy Measures Under Trade Secrets Act

by Kenneth Vanko | Clingen Callow & McLean, LLC on 1/8/2013

Trade secrets claims are highly dependent on the plaintiff's ability to prove one essential fact: that it used reasonable efforts to keep confidential its identified trade secrets....more

S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement

by David Dubberly | Nexsen Pruet, PLLC on 12/19/2012

Originally published in MidlandsBiz.com on December 18, 2012. In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions...more

Preventing Unfair Competition In The Absence Of A Non-compete Agreement

by Robert Freedman - Partner at Tharpe & Howell,... on 12/10/2012

You’ve read the tile of this article. There it is, up above. Let me repeat: Preventing Unfair Competition in the Absence Of A Noncompete Agreement What I really want you to focus on is the last part. The part that reads:...more

App Helps Determine Valid Trade Secret or Non-Compete

by Balough Law Offices, LLC on 11/7/2012

A new informational app for the iPad and iPhone to help employers and employees better understand what is a trade secret or a covenant not to compete has been released by Balough Law Offices, LLC. The Trade Secrets app...more

Dispute over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies

by Duane Morris LLP on 11/1/2012

This case underscores the significance for employers to create and maintain social media policies that address the control and ownership of company-sponsored social media accounts. ...more

Watch Your Assets Part Two: Best Practices for Protecting Confidential Information

by John C. Glancy, Tobias E. Schlueter | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/29/2012

One of the primary reasons for using a restrictive covenant agreement is to protect a company’s confidential information and trade secrets. By implementing certain behaviors, a company can significantly enhance its chances of...more

California Court Affirms that Customer Lists Can Qualify as Trade Secrets

by Michael J. Nader | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/24/2012

Under California’s trade secret laws, a trade secret is information that (a) is not generally known in the industry, to the public, or to others who can realize economic value from its disclosure or use; (b) has independent...more

Watch Your Assets! Using Injunctions to Protect Trade Secrets, Customers, Employees, and Good Will

by John C. Glancy, Tobias E. Schlueter | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2012

In this series of blog posts we will examine the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who solicit clients and...more

Employer Takeover of Employee's LinkedIn Account Does Not Violate Federal Computer Hacking Law, Question of Ownership Remains

by McNees Wallace & Nurick LLC on 10/10/2012

Given the popularity of Facebook, Twitter, and LinkedIn, more and more organizations are resorting to social media sites to promote their brands and manage their public profiles. Employers are also encouraging employees to...more

Employer Access To Employee Social Media Limited In Proposed California Law

by Peter Bauman - Senior Associate at Tharpe &... on 10/5/2012

A bill currently winding its way through the California Legislature would limit the ability of an employer to request that an employee provide access to the employee’s personal social media accounts. AB 1844 “would...more

The Reading List (No. 11)

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/4/2012

I have not done a formal "Reading List" for a while, so I included a number of different subjects into the mix. Tomorrow or early next week, I'll have a case law update. ...more

Cook County Order on Attorneys' Fees Illustrates Factors Used to Assess Bad Faith

by Kenneth Vanko | Clingen Callow & McLean, LLC on 10/2/2012

Earlier this year, Judge Mary Anne Mason in the Circuit Court of Cook County awarded attorneys' fees to a prevailing defendant under Section 5(i) of the Illinois Trade Secrets Act. That provision allows for a defendant to...more

Ohio's Standard for Malicious Litigation Sounds Familiar

by Kenneth Vanko | Clingen Callow & McLean, LLC on 9/27/2012

I rely entirely on John Marsh of Hahn Loeser to provide details on one of the year's most important competition cases, American Chemical Society v. Leadscope. For this post, the holding is relevant in that it establishes - at...more

Labor Pains: Computer Hacking By Employees

by Venable LLP on 8/30/2012

What if a former employee downloads confidential information (customer lists, pricing information, etc.) from your computer system and uses it to lure your customers away? Among the laws at your disposal is the Computer...more

Using Your Social Media Strategy to Protect Trade Secrets and Minimize Liability

by Scott Brutocao | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/16/2012

As most employers know, restrictive covenant agreements, often referred to as Confidentiality Agreements or Proprietary Information Agreements, are not the only documents that can be used to protect employers’ confidential...more

Sometimes Hiring a New Employee Can Invite an Unwanted Lawsuit

by Burr & Forman on 7/25/2012

Let’s set the scene: Your search for an employee with the required job skills and experience results in your Florida-based company’s decision to hire someone presently working for your competitor. During the salary/benefit...more

California Employment Law Notes

by Anthony Oncidi on 7/15/2012

Medical Group Partner Could Proceed With FEHA Retaliation Claim Pharmaceutical Sales Reps Are Exempt From FLSA As Outside Salespeople Employee Terminated For Refusing To Sign Disciplinary Memo Was Disqualified...more

Silicon Handshake or Hangman's Noose: The NDA's Opportunities and Risks

by Bay Oak Law on 2/21/2012

Nondisclosure Agreements ("NDAs") are everywhere: a Silicon Valley Don Juan had an NDA ready for every date. However, NDAs are not created equal -- what is good for the discloser is not good for the recipient. The "Silicon...more

Leveling the Playing Field: Due Process and Trade Secret Misappropriation Cal. Civ. Proc. Code § 2019.210

by Bay Oak Law on 2/14/2012

The Fifth Amendment to the US Constitution guarantees due process of law. One type of due process is knowing the details of the accusations in a court of law against you. But in trade secret misappropriation cases, the trade...more

Update: Who Owns a Company's Twitter Account?

by Mintz Levin - Employment, Labor & Benefits on 2/9/2012

On January 5, we posted a blog entry about the case of PhoneDog v. Kravitz, pending in the United States District Court for the Northern District of California. In short, during his employment with PhoneDog, Kravitz...more

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Intellectual Property › Labor & Employment Law › Business Torts