Labor & Employment Law, Science, Computers & Technology, Civil Procedure

Software Vendor Challenges Massachusetts’ Restrictive Policy on Multiple Points of Use Certificates

by Michael Jacobs, Robert Weyman | Reed Smith on 4/15/2013

Software purchasers that have paid Massachusetts sales tax on the full purchase price for software that was also concurrently available for use by employees outside Massachusetts, should consider filing protective refund...more

The Computer Fraud And Abuse Act, And Protecting Employer’s Electronic Data

by KristinTaylor Parsons | Burr & Forman on 3/29/2013

The Southern District of New York recently joined a number of other jurisdictions in foreclosing one avenue of recovery for employers seeking to recover against employees who steal company information for competitors. In...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

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

Speaking Of . . . Trade Secrets - Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over...

by Walter Judge | Downs Rachlin Martin PLLC on 3/7/2013

An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut. In...more

Speaking Of . . . Trade Secrets - Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over...

by Walter Judge | Downs Rachlin Martin PLLC on 3/5/2013

An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut. In...more

Is The State A Silent Partner In Your Contract? Court Strikes Choice Of Law Provision Because Enforcement Would “Frustrate A...

by Donald Taylor, James Tonrey, Jr. | Wilentz, Goldman & Spitzer P.A. on 2/20/2013

“Freedom of contract”, the very fabric of free market competition and the backbone of laissez-faire economics, stands for the proposition that every competent adult has the right to make a legally binding agreement free from...more

Recent Cases Address Employer Efforts to Protect Confidential Information

by Cherie Blackburn | Nexsen Pruet, PLLC on 2/15/2013

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and...more

E.D.N.Y. Rules That Private Postings On Social Media Relating To Plaintiff’s Mental State Are Fair Game For Discovery

by Hema Chatlani, Allison Ianni, Caitlin Senff Ladd, Aaron Warshaw | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/31/2013

Reid v. Ingerman Smith LLP, No. 12-CV-0307(ILG-MDG) (E.D.N.Y. Dec. 27, 2012): In a sexual harassment lawsuit where the plaintiff sought emotional damages, the defendant filed a motion to compel discovery concerning the...more

USCIS Issues RFE Templates for Certain Non-Immigrant Extraordinary Ability Categories

by William Flynn | Fowler White Boggs P.A. on 1/28/2013

United States Citizenship and Immigration Service (USCIS) Requests for Evidence (RFE) can be a source of significant frustration for immigration practitioners and their clients. They sometimes reflect that a) the officer did...more

Second Circuit Rules U.S. Court Has Personal Jurisdiction over Foreign Employee Who Allegedly Misappropriated Trade Secrets...

by Wilson Sonsini Goodrich & Rosati on 1/11/2013

Last month, a federal appeals court issued a ruling permitting an employer in Connecticut to pursue a claim against a former employee who allegedly misappropriated the employer's confidential information from outside the...more

Effective Data-Use Policies Can Have “Far-Reaching” Benefits in Cracking Down on Employee Cyber Theft

by Karen H Bromberg | Cohen & Gresser LLP on 1/9/2013

In a decision that could make it easier for U.S. companies to enforce claims against employees who commit cyber theft from remote locations, including from beyond U.S. borders, the Second Circuit breathed life into a...more

Employers Won’t Do Jail Time for Snooping Around on Employees’ Cell Phones, But They May End Up Paying for It

by John L. Litchfield | Foley & Lardner LLP on 12/26/2012

Do you ever have that feeling that the cell phone conspicuously pointed in your direction is actually taking your picture? Or, do you worry that a gossipy employee is spreading nasty rumors about you via text messages?...more

Medical Device Industry Remains a Hotbed for NonCompete Litigation

by Susan M. Guerette | Fisher & Phillips LLP on 12/18/2012

A recent opinion stemming from a lawsuit between two competitors in the medical device industry reminds us of the old adage “be careful what you wish for.” In Howmedica Osteonics Corp. v. Zimmer, Inc., the plaintiff seemed to...more

Marital Communications are “Essential to the Preservation of Marriage” – Unless Made from a Workplace Computer

by Gil Keteltas | BakerHostetler on 12/14/2012

Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the...more

Taking Control of Former Executive’s LinkedIn Account Found Permissible

by Sherman & Howard L.L.C. on 11/6/2012

In our January 2012 newsletter, we reported on Maremont v. Susan Fredman Design Group, Ltd., a case where a court recognized potential claims under the Lanham Act and/or the Stored Communications Act because an employer...more

Employment Law Update: Recent Cases Address Employer Efforts to Protect Confidential Information

by Nexsen Pruet, PLLC on 11/5/2012

In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South Carolina, and the South Carolina Supreme Court have addressed the issue of protecting trade secrets and...more

A Widening Circuit Split in the Interpretation of the Computer Fraud and Abuse Act

by White & Case LLP on 10/3/2012

Introduction - The Computer Fraud and Abuse Act (CFAA) criminalizes unauthorized access to a private computer system and allows for individuals suffering harm from such conduct to bring private civil actions for relief....more

Ethics And Email, From The NC State Bar

by Brooks Pierce on 9/7/2012

The intersection of technology and the rules of ethics continues to develop. The NC State Bar has proposed a new FEO (2012 Formal Ethics Opinion 5), which deals with the interesting question of the attorney-client privilege...more

Fourth Circuit Joins Courts Limiting Employers' Use of the Computer Fraud and Abuse Act to Prosecute Disloyal Employees

by Littler on 8/7/2012

The federal Computer Fraud and Abuse Act (CFAA) allows an employer to bring a civil action against an employee who accesses the employer's computers "without authorization" or in a manner that "exceeds authorized access."...more

Menes v. Roche

by Orrick - Global Employment Law Group on 8/6/2012

In a victory for pharmaceutical companies, the Ninth Circuit Court of Appeals recently held that plaintiff-appellant pharmaceutical sales representatives (“reps”) were exempt from California law’s overtime requirements. See...more

4th Circuit Issues Employee Friendly CFAA Opinion

by Fisher & Phillips LLP on 8/3/2012

As readers of this blog know, we have been following the diverse and seemingly irreconciliable decisions from federal courts regarding the scope of the federal Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030. Last...more

Fenwick Employment Brief - July 2012

by Fenwick & West LLP on 7/12/2012

In This Issue: - U.S. Supreme Court Rules That Pharmaceutical Sales Representatives Qualify For Outside Sales Exemption - Possible Implications For California Employers NEWS BITES: - Taking Time Off Work To...more

HEAL Advisory: U.S. Supreme Court Holds That Pharmaceutical Sales Representatives Are Exempt from Overtime Requirements Under the...

by Epstein Becker & Green, P.C. on 6/27/2012

The Supreme Court of the United States has ruled that pharmaceutical sales representatives ("PSRs") are "outside salesmen" who are not entitled to overtime under the Fair Labor Standards Act ("FLSA"). The high court's ruling...more

Supreme Court Rejects Agency Interpretation; Pharmaceutical Reps Exempt From Overtime

by Pillsbury Winthrop Shaw Pittman LLP on 6/26/2012

In Christopher et al. v. Smithkline Beecham Corp.,--- S.Ct. ----, 2012 WL 2196779, U.S., June 18, 2012 (NO. 11-20412, C.D.O.S, 6646, the Supreme Court rejected the Department of Labor's interpretation of its own regulations...more

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Labor & Employment Law › Science, Computers & Technology › Civil Procedure

Software Vendor Challenges Massachusetts’ Restrictive Policy on Multiple Points of Use Certificates

The Computer Fraud And Abuse Act, And Protecting Employer’s Electronic Data

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

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

Speaking Of . . . Trade Secrets - Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over...

Speaking Of . . . Trade Secrets - Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over...

Is The State A Silent Partner In Your Contract? Court Strikes Choice Of Law Provision Because Enforcement Would “Frustrate A...

Recent Cases Address Employer Efforts to Protect Confidential Information

E.D.N.Y. Rules That Private Postings On Social Media Relating To Plaintiff’s Mental State Are Fair Game For Discovery

USCIS Issues RFE Templates for Certain Non-Immigrant Extraordinary Ability Categories

Second Circuit Rules U.S. Court Has Personal Jurisdiction over Foreign Employee Who Allegedly Misappropriated Trade Secrets...

Effective Data-Use Policies Can Have “Far-Reaching” Benefits in Cracking Down on Employee Cyber Theft

Employers Won’t Do Jail Time for Snooping Around on Employees’ Cell Phones, But They May End Up Paying for It

Medical Device Industry Remains a Hotbed for NonCompete Litigation

Marital Communications are “Essential to the Preservation of Marriage” – Unless Made from a Workplace Computer

Taking Control of Former Executive’s LinkedIn Account Found Permissible

Employment Law Update: Recent Cases Address Employer Efforts to Protect Confidential Information

A Widening Circuit Split in the Interpretation of the Computer Fraud and Abuse Act

Ethics And Email, From The NC State Bar

Fourth Circuit Joins Courts Limiting Employers' Use of the Computer Fraud and Abuse Act to Prosecute Disloyal Employees

Menes v. Roche

4th Circuit Issues Employee Friendly CFAA Opinion

Fenwick Employment Brief - July 2012

HEAL Advisory: U.S. Supreme Court Holds That Pharmaceutical Sales Representatives Are Exempt from Overtime Requirements Under the...

Supreme Court Rejects Agency Interpretation; Pharmaceutical Reps Exempt From Overtime

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