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Government Contracts Quarterly Update - February 2014

The Government Contracts Quarterly Update is published by BakerHostetler's government contracts practice group to inform our clients of the latest developments in federal government contracting. This update covers the...more

Cyber-insurance: Mitigating the dreaded Friday night phone call - In order to maximize coverage, companies need to make a claim...

Every in-house counsel dreads the telephone call on a Friday evening that starts with the words “I’m glad I found you.” That’s especially true if that telephone call informs the in-house counsel about the newly terminated IT...more

Fenwick Employment Brief - February 2014

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

Appellate Court Denies Retirement Benefits To Former Employee After Finding The Employee Violated The Employer's Retirement Plan

In Wall v. Alcon Laboratories, Plaintiff, an employee at Alcon Laboratories, was offered a job with Otonomy, a bio-pharmaceutical company and, in Alcon's view, one of its competitors. Plaintiff accepted the job offer from...more

Set Your “Target” on Data Security in 2014

Target Corp.’s data breach has been big news this holiday season, with as many as 40 million holiday shoppers across the nation exposed to potential credit and debit card fraud. According to the Identity Theft Resource...more

Have Your Safeguards for Protecting Confidential Information Kept Pace With Your Next-Generation Manufacturing Processes?

Today’s next-generation manufacturing is marked by speed and technology. However, technology can be a double-edged sword. On one hand, technological innovations and advancements have resulted in a manufacturing resurgence in...more

Employment Law Commentary -- Volume 25, Issue 11 -- November 2013: Trade Secret Protection From the Silicon Valley to the Silicon...

For the two million Californians who have left the state in the past decade, Texas has been the most popular destination. Further, 254 California companies moved some or all of their work and jobs out of state— frequently to...more

Unions target tech companies’ outside vendors: four action points when your company is caught in the middle

Many technology companies elect not to use their own employees to perform collateral functions such running the corporate cafeteria or performing security and maintenance functions. Instead, they contract with outside...more

Second Circuit: in-house counsel may not seek to profit as whistleblowers against former employers

The United States Court of Appeals for the Second Circuit has issued an important ruling restricting in-house counsel from acting as whistleblowers in litigation against their current or former employers. ...more

Anti-Raiding Agreements Can Cause Big Trouble For Employers

Recent developments in two California lawsuits confirm that employers take big risks if they agree with competitors not to recruit each other’s employees. Apple, Google, eBay, Intuit, and other large technology companies...more

New Job? Think Twice Before Announcing it via Social Media

A lawsuit filed in Massachusetts state court recently raised the issue of whether a former employee’s LinkedIn post announcing a new job could violate an anti-solicitation clause of a non-compete contract with the former...more

Structuring Compensation Programs – Interview with David Lagasse, Member, Mintz Levin [Video]

Attorney David Lagasse, Member of Mintz Levin's Employment, Labor & Benefits Practice, talks about potential pitfalls that start-ups should be aware of when designing their compensation programs....more

Manitoba’s Private Sector Privacy Law – Similar to Alberta’s Law, but Important Differences Exist

On September 13, 2013, Manitoba joined Quebec, British Columbia and Alberta by enacting provincial private sector privacy legislation. Once it comes into force, Manitoba’s Personal Information Protection and Identity...more

Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more

Franchise Review Oct 2013 - Manitoba Becomes the Fourth Province to Enact Private Sector Privacy Law

On September 13, 2013, Manitoba’s Personal Information and Identity Theft Prevention Act (PIITP) received royal assent. Under the authority of the Manitoba Ombudsman’s Office, this legislation, once in force, will govern the...more

Anti-“Corporate Raiding” Agreements Present Their Own Concerns

Facing stiff competition for talent and a mobile work force, several technology companies located in Silicon Valley allegedly made a pact not to recruit each other’s employees including agreeing not to “cold call” employees....more

$20 Million Settlement in In re: High-Tech Employee Antitrust Litigation, a Non-Poaching Agreement Case

Three of the seven companies defending allegations that they violated U.S. antitrust law by agreeing not to recruit each other’s employees agreed to settle all claims against them in In re: High-Tech Employee Antitrust...more

Best Practices for Workplace Surveillance

Last week, this blog featured posts about the growth and reported benefits of workplace surveillance, as well as some of the legal risks that can arise from surveillance. Workplace surveillance can run the gamut from...more

BYOD: Party Essentials for Corporations and Employees

The need to stay connected these days applies not only to our social universe, but also to our business universe. The result is a trend known as “bring your own device” or “BYOD.” BYOD is the practice where employees use...more

Too Much of A Good Thing? Mind the Privacy Implications of iOS 7's New MDM Capabilities in Your BYOD Workforce

In addition to the consumer hoopla over iOS 7, companies managing BYOD programs also have reason to rejoice. As reported on CIO.com, iOS 7 brings about a new level of control for companies through expanded app-level MDM...more

3 Weeks Left: Is Your Business Ready for HIPAA Compliance?

The September 23, 2013 deadline for covered entities, business associates and their subcontractors to implement the new HIPAA rules is approaching quickly. In case you missed it, on January 25, 2013, the U.S. Department of...more

Former Employee Allegedly Coughs Up Cold Remedy Formula: Broad Non-Disclosure Agreement Largely Ineffective

A New Jersey appellate court’s decision last week in UCB Mfg., Inc. v. Tris Pharma, Inc., serves as a cautionary tale for employers when drafting confidentiality agreements to protect their trade secrets and confidential...more

Employer Issues: Trade Secrets & Class Action Lawsuits – Interview with David Barmak, Member, Mintz Levin [Video]

Attorney David Barmak, Chair of Mintz Levin's Employment, Labor & Benefits Practice, discusses two serious issues facing employers: class action lawsuits and the loss of trade secrets....more

How Secure Is Your Pop-Up?

Our headline today does not refer to those annoying ads that “pop-up” when you visit websites. We’re talking about the hottest trend in seasonal retailing – the pop-up store. These are the “here today, gone tomorrow”...more

Healthcare Update, No. 3, August 2013: Protect Your Key Information – And Your Key Relationships

Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional...more

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