Labor & Employment Intellectual Property

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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SEC Registered Investment Advisers—A Review of 2016 and a Look at What’s Ahead for 2017

As we near the seventh anniversary of the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), private equity and hedge fund advisers are subject to an ever-increasing degree of supervision...more

Searches of Devices at the U.S. Border

Seyfarth Synopsis: Although longstanding policy of U.S. Customs and Border Protection authorizes searches of electronic devices in the possession of travelers arriving in the United States, recent reports of such searches...more

UK: Employee Post-Termination Restrictions Under English Law: Five Things You Need To Know

It is often the case that the drafting of post-termination restrictions only comes into focus on enforcement. Ideally, however, the careful drafting of such restrictions should be a priority when drafting employment contracts...more

China: Application of Non-Competes To Protect Business Secrets

An enterprise may have no patents or trademarks, but definitely have business secrets. Business secrets—the enterprise’s core information assets—are important intangible assets that go to the core competence of the...more

Food and Beverage Law Update: March 2017

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

China’s New Cyber Security Law Goes into Effect June 1, 2017

China’s new cyber security law (Law) could have far-reaching impacts for companies that do business there. The Law goes into effect on June 1, 2017. As is typical of legislation passed by the Standing Committee of the...more

Your Employee is Leaving…. How Do You Safeguard Your Company’s IP?

It is a fact: employees leave. According to the Bureau of Labor Statistics, the average worker currently holds ten different jobs before age forty. Because employee transitions are inevitable, businesses must prepare to...more

Top Takeaways: 3 “Secrets of Trade Secrets”

Kilpatrick Townsend partners Lou Barbieri, Josh Ganz, and John Jett recently presented to a group of entrepreneurs at the Atlanta Tech Village on the “Secrets of Trade Secrets.” Here are three key takeaways from the...more

How to Recruit and Hire While Avoiding Data Contamination

When we think about trade secrets, we usually focus on keeping our own data safe. But an even bigger risk comes from hiring employees who can infect our systems with confidential information from a competitor. Companies often...more

Defending A Former Employee On a Non-Compete Or For Misappropriation Of Trade Secrets? Read This.

Do you really have to rush to Court to obtain an injunction for a misappropriation of trade secrets? Maybe not. But for an injunction enforcing a non-compete agreement, maybe yes. ...more

A Primer on “Cross-Referencing” the DTSA Whistleblower Immunity Provision Following 4 Simple Steps

In the spring of 2016, the Defend Trade Secrets Act (“DTSA” or “Act”) was signed into law providing trade secret owners for the first time a federal civil cause of action for trade secret misappropriation. Although the DTSA...more

Travel Update under Trump’s Executive Order

While daily governmental guidance for affected individuals, in the United States and abroad, has followed the signing of Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” on January...more

New Requirement for Singapore Employment Pass Holders with Directorships

The Singapore Ministry of Manpower now requires Employment Pass holders to obtain a Letter of Consent before taking up external directorships with other entities. As part of Singapore’s pro-business regulations, an...more

Data Theft And What’s “Tangible”: New York Appellate Division Reinstates Conviction Of Former Goldman Sachs Programmer Sergey...

The law often lags behind developments in the tech world. One problem for employers seeking to protect their data is that some anti-theft and trade secret protection laws drafted long ago refer to “goods” and “tangible”...more

[Event] Stay Ahead: Nossaman's 2017 Emerging Employment Issues Seminar - Feb 8th, 9th,15th & 16th - Four California Locations

Please join us for this complimentary presentation on cutting-edge employment law issues. California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and...more

Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more

Will The Massachusetts Legislature Finally Be Able To Keep Its New Year’s Resolution to Pass Non-Compete Reform?

Last Friday, on January 20, 2017, the Massachusetts Legislature began its annual tradition of attempting to promulgate non-compete and trade secret reform in the Commonwealth. A new bill has been filed by the same legislators...more

Whistle While You Work?: First Court To Rule On DTSA’s Whistleblower Immunity Provision Treats It As An Affirmative Defense

The Defend Trade Secret Act (“DTSA”) contains a whistleblower immunity provision which could have a significant impact on employers. Until last month, however, no court had interpreted this provision which provides that no...more

Did you know... Are You in Position to Take Advantage of the New Federal Defend Trade Secrets Act?

Recently, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996, codified at 18 U.S.C. §§ 1831 et seq. Key benefits of the DTSA includes the option...more

When Employees Leave With Your Secrets

Recently I shared the podium with an FBI agent who was asked what frustrated him the most when trying to help businesses with trade secret theft. His answer was a surprise: they fire the guy too fast! He explained that when...more

How Employment Agreements Can Protect An Employer's Intellectual Property And Defend Against Claims of Misappropriation

At approximately 4.6%, the current national unemployment rate is lower than it has been since before the 2008 recession. Generally speaking, this means that companies are hiring new employees. While hiring new employees is...more

Simple Steps to Help Keep Your Trade Secrets Safe

As illustrated by the recent lawsuit by America’s Test Kitchen against celebrity chef Christopher Kimball, companies in a variety of industries are vulnerable to losing their trade secrets....more

Six Days In Court – Almost As Fun As A Christmas Party

I missed the office Christmas party. Doing so was one benefit of having a six-day trial 116 miles away. It wasn't just me who missed the holiday luncheon. My partners Joe and Tim and a legal assistant named Cheri each...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Federal Court in California Rules on DTSA’s “Extraordinary” Ex Parte Seizure Remedy

When the Defend Trade Secret Act (“DTSA”) was enacted last year, there was much debate on the remedy provision permitting the ex parte seizure of property. Such an order would not only direct the seizure of information...more

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