Labor & Employment Intellectual Property

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10 Tips for Minimizing Company Liability for Terminating Employees who Steal Trade Secrets

When your company uncovers evidence that an employee misappropriated trade secrets it must act swiftly. The company may want to fire the employee to protect itself from the potentially devastating consequences. But how can...more

Go Head Over Heels To Protect Trade Secrets (And Other Gymnastics Related Puns)

Face it. No matter what industry you are in and no matter how big your company, there will come a day when one of your most valuable employees doesn't work there anymore. When that happens, it's natural to feel disappointed...more

Sales Of $8,000 Stemming From Trade Secret Misappropriation Results In Liability For $1.3 Million

At a time when an ex-employee’s newly created company was subject to an injunction prohibiting misappropriation of his former employer’s supposed trade secret, the new company allegedly used that confidential information on a...more

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

If You Have Confidential Information, Keep It Confidential!

I’ve been involved in many cases where it is alleged that someone violated his or her non-compete agreement or misappropriated the company’s confidential information or trade secrets. Often, the key issue has been not what...more

BAG bestätigt außerordentliche Kündigung wegen Herstellung privater „Raubkopien“ am Arbeitsplatz

Unabhängig davon, ob darin zugleich ein strafbewehrter Verstoß gegen das Urheberrechtsgesetz liegt, kann das Kopieren von Bild- und Musik-Dateien auf dem Dienstrechner eine fristlose Kündigung rechtfertigen. Diese Meldung des...more

Jawbone Cries Foul – Fitbit’s Success Due To Stolen Trade Secrets

Fitbit better watch its step because Jawbone has a serious bone to pick with its competitor. On May 27, 2015, Jawbone, a maker of wearable fitness and activity tracker devices, filed suit in California state court...more

Thieves Among Us? Protecting Trade Secrets From Employee Theft

Employee trade secret theft is a serious problem, and getting worse. According to an analysis of federal court cases filed over a 58-year period, 85 percent of trade secret theft was committed by employees or business...more

New Whitepaper: Reasonable Steps to Protect Trade Secrets

Every company has trade secrets (so-called “crown jewels”)– confidential business and technical information – that if exposed, could result in lost sales, competitive advantage or the ability to further innovate....more

How Long Is Your Non-Disclosure Agreement Enforceable? It Depends.

Non-disclosure agreements (“NDA”), or confidentiality agreements, are useful in a variety of contexts, including between teaming partners, contractors and subcontractors, as well as employers and employees. ...more

Hacking Your Rivals – Corporate Espionage in Major League Baseball

As we approach the dog days of summer, baseball season is again in full bloom. We previously discussed old-fashioned sign stealing in the context of teams trying to gain a competitive advantage during an actual game. But it...more

Maintaining the Magic: Disney's Use of Confidentiality Restrictions to Promote Character Integrity

When your business depends on a carefully-crafted public image, you do not want the public to know how hard you work to maintain that image. These days, that includes preventing your employees from revealing too much via...more

Should Breweries be Worried about Trade Secret Misappropriation?

The craft brewing industry is exploding and there is no sign of it slowing down in the upcoming years. In 2010, the Brewers Association reported 1,813 breweries in the United States. As of 2013, there were over 2,800...more

Confidential Documents Potentially Safer From Employee Misappropriation Says New Jersey's Supreme Court

On the heels of an appellate decision providing employees a virtual how-to manual to misuse and exploit confidential employer documents and safely provide them to a competitor, New Jersey's Supreme Court reversed course last...more

Hawaii Bans Non-Compete and Non-Solicit Agreements with Technology Workers

Hawaii joined the small list of states that prohibit certain non-compete agreements with employees. On June 26, 2015, Hawaii’s governor David Ige signed Act 158 which voids any “noncompete clause or a nonsolicit clause...more

Profile of a Malicious Insider: Top Warning Signs

How are your company’s crown jewels – trade secrets, digital assets and the like – most likely to be compromised? Although coverage in the media would suggest that nation states or competitors are most likely to be the...more

Top Ten Things to Do When an Employee Resigns to Join a Competitor

When an employee resigns to join a competitor, it is important to respond promptly. Odds are that the employee has been orchestrating his or her departure for weeks or months. The security of your trade secrets and/or...more

Top Ten Mistakes Made by Departing Employees

Recently, I wrote about the top ten things a company should do when an employee resigns to join a competitor. But what about the flip side of that coin? What mistakes should be avoided by departing employees and the firms...more

Corporate E-Note - June 2015

In this Issue: - IRS Issues Guidance on Portability: The IRS recently issued final regulations that provide guidance on the federal estate and gift tax applicable exclusion amount, in general, as well as the...more

Hooli Needs New Lawyers on “Silicon Valley”

As is obvious from our many posts on the subject, we here at IP Legal Forum are big fans of the show “Silicon Valley.” That said, its season finale could have used more Jared Dunn (can we give him a spin-off already?), as...more

Alabama’s New Non-Compete Statute: Are You Ready For New Year’s Day?

Those involved in drafting, negotiating, or litigating covenants-not-to-compete in Alabama have long known that Alabama’s statute books seldom provide ready answers on this particular topic. The text of current Alabama Code...more

Appellate Decision Teaches New Jersey Employees How To Remove Confidential Documents and Trade Secrets from Employers

Like the hit show "How to Get Away with Murder," the recent New Jersey ruling in Spencer Sav. Bank SLA v. McGrover (App. Div. March 5, 2015), instructs employees looking to remove their employers' confidential documents and...more

Strategies For Businesses Protecting Electronic Data Within California: Part Three

In Parts One and Two of this e-alert series, we discussed the federal Computer Fraud And Abuse Act ("CFAA") and its California corollary the California Computer Data Access And Fraud Act (CDAFA). In Part Three, we provide a...more

Labor & Employment E-Note - June 2015

In This Issue: - Debruge and Childs Alabama Law Survey on Employee Privacy Laws Published to Practical Law - "WTF", Under the NLRB, Employers Should "Cut the Crap?" - Tom Brady, Deflategate, and Florida...more

There's A Difference Between "Confidential And Proprietary Information" And A Trade Secret

I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October...more

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