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What to Do When Your Client’s COO Becomes Your Competitor’s BFF

One of your most important clients just called. She reports that one of her senior sales people quit a few months ago, and she just learned that the sales person has joined a large competitor. Panicking, your client wants to...more

Federal Circuit Reverses a District Court Contempt Finding Against Inventor of Energy IP

Yesterday, the Federal Circuit reversed an Eastern District of Virginia judgment finding inventor Leif Hauge in contempt for violating a 2001 settlement agreement with his ex-employer, Energy Recovery, Inc. The district court...more

LinkedIn: Protecting confidential information

Lisa Hodgson, an Associate in our Birmingham office, comments: Social media is becoming an increasingly common business tool as it is easy to use, free and effective. Many of our clients, particularly in professional...more

A Weapon Against Hackers on the Home Front

Although headlines have focused on foreign cyberattacks, plenty are U.S.-based—and can be remedied. Over the past year the national press has repeatedly reported on the vulner­ability of our intellectual property to...more

Recent UK Court Rulings on Employees’ Use of LinkedIn

Following our post on U.S. lawsuits concerning the ownership of LinkedIn and Twitter accounts, we report on a recent United Kingdom High Court ruling that considered who was entitled to operate four LinkedIn Groups, and other...more

Inevitable Disclosure of Trade Secrets Doctrine Still Disfavored In New York

While New York law in theory recognizes the "inevitable disclosure" doctrine, a federal district court there, in Janus et Cie v. Andrew Kahnke, recently reinforced the state's hostility to the doctrine by dismissing an...more

Proactive Steps To Protect Trade Secrets

The Virginia Trade Secrets Act protects the critical business secrets of a person or individual provided three pre-conditions are met: 1) the information to be protected must fit the definition of a trade secret;...more

Trade-Secrets and the Departing Employee

Concerned about departing employees who might have confidential information about your business and clients? Or maybe you are the ex-employee and you are unsure of where the line is drawn when departing one job to start...more

The Conflicting Rules on Employee Data Theft

In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime statute, applies to former employees who steal data from the company computer, but in two federal circuits it does not...more

Do you want to own a secret? What you should know about the new Texas trade secret law

Texas recently became the 47th state to adopt a version of the Uniform Trade Secrets Act (UTSA). The Texas UTSA, taking effect on September 1, 2013, aims to benefit the business community by bringing Texas trade secret law...more

Protecting Trade Secrets In Italy

Italy is slowly changing its trade secret laws to conform to international standards....more

[Fourth Of July Post] Family Fireworks: Plot To Steal Client Lists Goes Up In Smoke

For many, Fourth of July festivities wouldn’t be complete without a baseball game, a family barbecue, and of course, fireworks....more

Protecting Your Piece Of The Pie: Texas Adopts The Uniform Trade Secrets Act

Pizza the Action is a major distributor of pizza dough and toppings and provides these products to many large national pizza chains. ...more

New Texas Statute Provides Businesses With Added Protection for Their Trade Secrets

It is 4:00 p.m. on a Friday afternoon. You just learned that your top-performing salesman resigned his position to accept employment with a direct competitor. You quickly locate the salesman’s personnel file to determine...more

Power Move: Referring Trade Secrets Theft To The Government For Criminal Prosecution

You’ve just discovered that an employee who recently left your company took your company’s valuable trade secrets with him to his new employer. What are your options?...more

Texas Enacts Uniform Trade Secrets Act

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...more

Employee Working For You? You Say "No", LinkedIn Says "Yes"

Those loyal readers of this blog know that the focus tends to be on what your company can and cannot do regarding social media use by potential employees (i.e., applicants) or current employees. But there is a third category...more

Governor Signs New Trade Secrets Law

On May 2, 2013, Governor Perry signed the Texas Uniform Trade Secrets Act into law. So, let’s cut right to it. ...more

Florida Court Reverses Preliminary Injunction On Restrictive Covenant

If you have followed this blog, then you likely already know that restrictive covenants are legal and enforceable in Florida. You should also know that – although enforceable – restrictive covenants are strictly construed...more

Employers Just Get No Satisfaction: NH Enacts Law Restricting Use Of Non-Compete Agreements

Employers in New Hampshire now must comply with further restrictions on their ability to enforce non-compete and anti-piracy agreements. Venturing further into the already murky area of the enforceability of such agreements,...more

Federal Law Provides Enhanced Trade Secret Protection for Employers

Most people know that an employee who misuses his employer’s confidential information may be subject to damages in a civil lawsuit. Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a...more

Live Events Agency Sues Former Employees And Independent Contractor For Breach Of Non-Solicitation Agreements

On March 18, 2013, TBA Global, LLC, a live events market and communications agency, sued LEO Events, LLC and several of its owners for breach of non-solicitation agreements and misappropriation of TBA’s trade secrets and...more

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

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

News From Our Own Vermont Backyard: Proposed Legislation On Password Privacy And Ownership Of Inventions

Last month the Vermont Legislature kicked off its 2013-2014 Legislative Session, and already a couple of bills have our attention here at the IP Stone....more

Hallmark Recoups Former Executive’s Severance Pay Seven Years after Separation Agreement

Seven years after entering into a separation agreement with one of its executives, Hallmark Cards, Inc. brought suit against the former employee, seeking a “full refund” of the $735,000 severance it paid her....more

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