Labor & Employment Law, Intellectual Property, Criminal Law

Federal Jury Finds Executive Recruiter Guilty Stealing Trade Secrets From Former Employer In Order to Start Competing Business

by Gregg Fisch, Danielle Levine | Sheppard Mullin Richter & Hampton LLP on 5/3/2013

On April 24, 2013, a federal jury in the Northern District of California found former Korn/Ferry International corporate executive recruiter, David Nosal, guilty on six counts of conspiracy, stealing trade secrets, and...more

Spring 2013 Eye on China Newsletter

by Mark Aiello, Andrew S. Baluch, Stephen Bent, James Ewing, Richard Florsheim, Robert Iseman, Robert Lee, Zhu Julie Lee, Song Lin, Chao Meng, Steven Rizzi, Selig Sacks, David W. Simon | Foley & Lardner LLP on 4/30/2013

Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following...more

New Laws Increase Criminal Liability For Disclosure Of Trade Secrets: Are You Protected?

by Sarah Hopkins, Heidi Sachs | Perkins Coie on 4/17/2013

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation. These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act...more

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

by Anjali Shankar | Winthrop & Weinstine, P.A. on 4/15/2013

Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more

Federal Law Provides Enhanced Trade Secret Protection for Employers

by David Johnson | Butler, Snow, O'Mara, Stevens and Cannada,... on 4/12/2013

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

Another Court Construes the CFAA Narrowly and More of My Thoughts on the Statute

by Kenneth Vanko | Clingen Callow & McLean, LLC on 3/28/2013

After last year's important Ninth Circuit decision from U.S. v. Nosal, I discussed my take on the ongoing debate within our federal courts over how to interpret the Computer Fraud and Abuse Act - and in particular, whether...more

Distribution in China – Legal Issues Part IV. Drafting the Distribution Contract

by John Huang, Kevin Qian, Frank Schoneveld | McDermott Will & Emery on 3/21/2013

“Distribution in China – Legal Issues” is a four-part series. Part I discussed the business models and legal structures most commonly used for distribution in China. Part II looked at important issues to consider in the...more

District Court in California Provides Further Clarification as to the Scope of the Computer Fraud and Abuse Act

by Wilson Sonsini Goodrich & Rosati on 3/21/2013

On March 12, 2013, the U.S. District Court for the Northern District of California issued a ruling clarifying the reach of the federal Computer Fraud and Abuse Act (CFAA) when employees access computer systems. The decision...more

Sixth Circuit Reverses Sentence of Engineers' Convicted of Trade Secrets Theft

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/6/2013

In December of 2011, Clark Roberts and Sean Howley, two engineers at Wyko Tire Technology, were convicted by a jury for stealing trade secrets, a crime under the federal Economic Espionage Act (EEA). The trade secrets related...more

Theft of Trade Secrets Clarification Act of 2012: A Powerful New Weapon for Businesses

by Robert A. Bleicher | Carr, McClellan, Ingersoll, Thompson & Horn -... on 2/5/2013

On December 28, 2012, the President signed the Theft of Trade Secrets Clarification Act of 2012, which significantly expands trade secret protection by extending criminal penalties to the theft of a wider class of trade...more

Expansion Of The Economic Espionage Act Broadens Protection For Trade Secrets

by Gillian Watson Egan, KristinTaylor Parsons | Burr & Forman on 1/30/2013

In the summer of 2009, in an office at Goldman Sachs, in the waning hours of his last day of employment, a computer programmer named Sergey Aleynikov encrypted more than 500,000 lines of source code from Goldman’s proprietary...more

Confidentiality From The Boardroom To The Bedroom

by Michael Schmidt | Cozen O'Connor on 1/14/2013

Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions. What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more

Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More [Video]

by JD Supra Law News on 1/10/2013

Watch our latest Corporate Law Report for a round of executive speed dating, law firm style. Included in the mix: FICA tax changes in 2013; veganism as a religion (and what that means for the workplace); overtime hours;...more

German Federal Labor Court Dismisses 46 Million Euro Claim for Unlawful Solicitation of Employees

by Ulrich Wahlers | Orrick - Global Employment Law Group on 1/9/2013

The solicitation of employees by competitors is a frequent problem for companies in Germany. Many companies actively pursue a so-called “war for talents” and sometimes unlawful means are used for the purpose of soliciting...more

President Obama Signs into Law the Theft of Trade Secrets Clarification Act

by Mike Delikat | Orrick - Global Employment Law Group on 1/4/2013

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act. The Act amends the Economic Espionage Act of 1996 (EEA) and expands the jurisdiction of federal courts over cases concerning...more

US Senate Increases Trade Secret Protections By Passing TTSCA

by Ashley Shaw | XpertHR - Partnered with LexisNexis on 12/6/2012

The US Senate recently approved the Theft of Trade Secrets Clarification Act (TTSCA) in an effort to eradicate a loophole brought to life in a recent Second Circuit case, US vs. Aleynikov, +676 F.3d 71. The new Act is...more

High Court May Rule on Computer Law Question

by Nick Akerman on 10/3/2012

On July 26, the U.S. Court of Appeals for the Fourth Circuit became the first circuit to adopt the Ninth Circuit’s holding in U.S. v. Nosal, 676 F.3d 854 (9th Cir. 2012), that the Computer Fraud and Abuse Act does not...more

September 2012: Internet Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 10/2/2012

In This Issue: - Internet Retransmission of Television Broadcasts Approved: Judge Alison Nathan of the Southern District of New York ruled on July 11, 2012, that the Internet retransmission of over-the-air...more

Computer Fraud and Abuse Act | Did the Ninth Circuit Blow It?

by Downs Rachlin Martin PLLC on 10/2/2012

Did the Ninth Circuit “blow it” when it snubbed other courts and held that “exceeding authorized access” under the Computer Fraud and Abuse Act (CFAA) means nothing less than “hacking?”...more

Are Your Trade Secrets at Risk? -- Queue the Economic Espionage Act

by Dinsmore & Shohl LLP on 8/30/2012

Your company terminates the employment of a highly skilled computer programmer who then attempts to sell the source code for your proprietary training software to a foreign entity. What would your company do?...more

The Reality of Compliance: The Individual Employee

by Michael Volkov on 8/8/2012

I have had more than one corporate general counsel tell me that anti-corruption compliance is not very effective in protecting against foreign bribery. Their argument is that a company’s compliance program boils down to the...more

De-CFAA-nating Federal Law: Appeals Courts Weaken Electronic Data Use Protections

by Foley & Lardner LLP on 8/3/2012

The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, (CFAA) is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more

De-CFAA-nating Federal Law: Recent Appeals Courts Decisions Weaken Statutory Protections Against Unauthorized Use of Electronic...

by Foley & Lardner LLP on 8/3/2012

The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (CFAA), is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more

Intellectual Property Bulletin - Spring 2012

by Fenwick & West LLP on 6/8/2012

In This Bulletin: - Supreme Court Allows Generic Manufacturers to Challenge Overbroad Use Codes.…1 - Patent Reform: The Public Speaks …. 3 - Quick Updates ….5 - Criminal Liability for Cloud Storage Service...more

The Second Circuit Reverses Conviction of Computer Programmer and Holds that Theft of Intellectual Property Is Not Necessarily...

by Pullman & Comley, LLC on 5/1/2012

Earlier this month, the U.S. Court of Appeals for the Second Circuit seemingly stripped federal prosecutors of the use of two statutes used to combat the theft of intellectual property, critical technologies and other...more

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Labor & Employment Law › Intellectual Property › Criminal Law

Federal Jury Finds Executive Recruiter Guilty Stealing Trade Secrets From Former Employer In Order to Start Competing Business

Spring 2013 Eye on China Newsletter

New Laws Increase Criminal Liability For Disclosure Of Trade Secrets: Are You Protected?

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

Federal Law Provides Enhanced Trade Secret Protection for Employers

Another Court Construes the CFAA Narrowly and More of My Thoughts on the Statute

Distribution in China – Legal Issues Part IV. Drafting the Distribution Contract

District Court in California Provides Further Clarification as to the Scope of the Computer Fraud and Abuse Act

Sixth Circuit Reverses Sentence of Engineers' Convicted of Trade Secrets Theft

Theft of Trade Secrets Clarification Act of 2012: A Powerful New Weapon for Businesses

Expansion Of The Economic Espionage Act Broadens Protection For Trade Secrets

Confidentiality From The Boardroom To The Bedroom

Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More [Video]

German Federal Labor Court Dismisses 46 Million Euro Claim for Unlawful Solicitation of Employees

President Obama Signs into Law the Theft of Trade Secrets Clarification Act

US Senate Increases Trade Secret Protections By Passing TTSCA

High Court May Rule on Computer Law Question

September 2012: Internet Litigation Update

Computer Fraud and Abuse Act | Did the Ninth Circuit Blow It?

Are Your Trade Secrets at Risk? -- Queue the Economic Espionage Act

The Reality of Compliance: The Individual Employee

De-CFAA-nating Federal Law: Appeals Courts Weaken Electronic Data Use Protections

De-CFAA-nating Federal Law: Recent Appeals Courts Decisions Weaken Statutory Protections Against Unauthorized Use of Electronic...

Intellectual Property Bulletin - Spring 2012

The Second Circuit Reverses Conviction of Computer Programmer and Holds that Theft of Intellectual Property Is Not Necessarily...

Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More [Video]

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