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VC’s running scared – Hooli is suing Pied Piper (Episodes 9 and 10)

HBO’s “Silicon Valley” has quickly become a must watch for all budding entrepreneurs, but the second season has opened up with a multitude of risks and roadblocks that could be faced by real world entrepreneurs. Here, we...more

Keeping It Classified: Here’s How To Stay Safe In A Technology-Driven World.

Protecting a company’s confidential information is becoming more difficult as technology continues to advance. Plus, an increasingly mobile workforce poses increased risk that employees will breach a company’s security...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

Remote Controlled: Keeping Trade Secrets Safe While Employees Work Remotely

One of the biggest challenges the cyber-security field faces today—aside from outright hacking—is the fact that employees’ data is increasingly portable. Data portability can be a major boon for employers. For instance, it...more

Contractors vs. Employees: The Benefits and Risks of Hiring Outsourced Workers

Alternatives to direct employment are flourishing, as businesses have come to believe they should keep in house only “core” functions and outsource other activities like IT and HR to specialized service providers. This...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

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

To Sue or Not to Sue: That Is the Trade Secret Question

You have just learned that a senior member of the company research and development team has resigned. The employee had access to important confidential information about your company’s product development, manufacturing...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

November 2014: Appellate Practice Update

Preview of the U.S. Supreme Court’s October 2014 Term. The Supreme Court has begun its October 2014 Term with a docket featuring more constitutional and criminal law cases than business cases, but a few business cases before...more

How is the Venture Community Affected by the Criminalization of Trade Secret Law Under the Economic Espionage Act?

It's a commonplace occurrence in Silicon Valley for skilled employees to move from one company to another, followed quickly by a civil trade secret lawsuit alleging that the employee stole trade secrets from his prior...more

Businesses Encouraged to Adopt Social Media Policies

Many business owners, particularly those with a limited marketing budget or no marketing plan, view access to social media as free marketing. What could be better? Ask paid employees to get out the “buzz” as an assignment....more

BYOD In Australia - Cool, Cheap And (Potentially) Catastrophic!

THE ALLURE OF THE POTENTIAL COST SAVINGS OF BRING YOUR OWN DEVICE PROGRAMS IS TOO GREAT FOR MANY AUSTRALIAN ORGANISATIONS TO RESIST. Not only do the financials of Bring Your Own Device (BYOD) programs look good (the...more

Lawsuit Regarding Computer-Generated Advice to 401(k) Participants Revs Up Against Financial Engines

Last week, in a complaint dated August 8, 2014, plaintiffs commenced a lawsuit in the US District Court for the Eastern District of Texas against Financial Engines, Inc. and Financial Engines Advisors L.L.C. asserting a...more

Amendments to the PRC Copyright Law ....the practical implications for rights owners

On June 6, 2014, the fourth draft version of the new PRC Copyright Law (New Law) was published for public comment, having first been published in 2010. The period for public comment ended on July 5, 2014 meaning the...more

Employment Law Commentary -- Volume 26, Issue 7 July 2014 -- Building A Workforce Culture Of Data Security In The Post-Snowden Era

Last month’s Employment Law Commentary discussed the high level of international attention now being paid to protecting trade secrets from misappropriation, with recommendations for practical steps that companies may take to...more

Going Mobile: The Risks and Rewards of a BYOD Program

Employees are increasingly using their personal electronic devices, such as laptops, smartphones, and tablets, for work purposes. The trend, dubbed “Bring Your Own Device” or “BYOD,” has redefined what it means to “be at...more

Good Things Come To Those Who Wait: $26 Million

Trade secret misappropriation cases often are won or lost quickly and early at the preliminary injunction stage of the case. However, today we report on the results of a slow moving, long-running trade secret case that...more

Data Security in a Technological World

The Uniform Trade Secrets Act, adopted by 47 states including Virginia, Maryland, and the District of Columbia, generally defines protectable trade secrets as information that derives independent economic value from not being...more

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

Incubate This: Trade Secrets Lessons From HBO’s Silicon Valley [May Contain Spoilers]

HBO’s new series Silicon Valley satirizes the tech zeitgeist born and bred in the region that is the show’s namesake by following a group of young software developers on their journey to build the next billion-dollar startup....more

Massachusetts Governor Proposes Banning Non-Compete Agreements

On April 10, 2014, Massachusetts Governor Deval Patrick introduced an economic development package that includes a law barring non-compete agreements in the state. Patrick says that the measure would permit the free flow of...more

Massachusetts Governor Deval Patrick Proposes Elimination of Most Non-Compete Agreements and Adoption of Uniform Trade Secrets Act

What you need to know: Massachusetts Governor Deval Patrick recently proposed legislative reform that would abolish non-compete agreements made in the technology and life sciences sectors, as well as other, currently...more

Brave New World or California Dreaming? Governor Patrick Proposes Legislation Banning Non-Compete Agreements

At an economic development summit earlier today in Newton, Massachusetts, Governor Patrick stated that he will propose an economic growth bill that includes a prohibition on non-competition agreements that discourage workers...more

Federal Court Ruling in Pa. Narrows Computer Fraud and Abuse Act

A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed...more

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