Science, Computers & Technology › Business Torts › Labor & Employment Law

Supreme Court of Georgia Rejects Independent Claim for "Inevitable Disclosure"

The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more

Another Court Interprets the CFAA Narrowly

A Southern District of New York judge has joined the growing trend of federal courts that interpret the Computer Fraud and Abuse Act to preclude allow recovery for misappropriation of computer information....more

Jurisdiction for an International Computer Fraud Lawsuit?

The proper jurisdiction for suing someone for engaging in computer fraud from a foreign country, directed at a company in the United States, is the place where the wrongfully accessed computer server is located if the...more

App Helps Determine Valid Trade Secret or Non-Compete

A new informational app for the iPad and iPhone to help employers and employees better understand what is a trade secret or a covenant not to compete has been released by Balough Law Offices, LLC. The Trade Secrets app...more

Dispute over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies

This case underscores the significance for employers to create and maintain social media policies that address the control and ownership of company-sponsored social media accounts. ...more

Employer Takeover of Employee's LinkedIn Account Does Not Violate Federal Computer Hacking Law, Question of Ownership Remains

Given the popularity of Facebook, Twitter, and LinkedIn, more and more organizations are resorting to social media sites to promote their brands and manage their public profiles. Employers are also encouraging employees to...more

The Reading List (No. 11)

I have not done a formal "Reading List" for a while, so I included a number of different subjects into the mix. Tomorrow or early next week, I'll have a case law update. ...more

Labor Pains: Computer Hacking By Employees

What if a former employee downloads confidential information (customer lists, pricing information, etc.) from your computer system and uses it to lure your customers away? Among the laws at your disposal is the Computer...more

Courts Give the Computer Fraud and Abuse Act a Narrow Reading Post-Nosal

The Computer Fraud and Abuse Act (CFAA) has become a powerful weapon in the trade secret litigator’s arsenal. An employee who accesses his or her employer’s computer files in the days or weeks before leaving for a competitor...more

The Rise of the Computer Fraud and Abuse Case

Major changes are in the works for the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. In the past ten years, the CFAA has moved from obscurity into the limelight as Congressional amendments drastically increased its...more

Silicon Handshake or Hangman's Noose: The NDA's Opportunities and Risks

Nondisclosure Agreements ("NDAs") are everywhere: a Silicon Valley Don Juan had an NDA ready for every date. However, NDAs are not created equal -- what is good for the discloser is not good for the recipient. The "Silicon...more

Update: Who Owns a Company's Twitter Account?

On January 5, we posted a blog entry about the case of PhoneDog v. Kravitz, pending in the United States District Court for the Northern District of California.  In short, during his employment with PhoneDog, Kravitz...more

Your business needs a social media policy and this is why

It is foolish to not have one. Having a social media policy is like having a Will for your businesses’ branding and marketing efforts and the cost of getting that policy will likely be less than the bill for the first day in...more

Phonedog LLC v. Noah Kravitz- Who owns business profiles on Twitter ?

Plaintiff's Amended Complaint- Phonedog LLC v. Noah Kravitz

Mobile phone business Phonedog LLC filed suit against former employee Noah Kravitz in the US District Court for the Northern District of California in November 2011, alleging that Mr. Kravitz took 17,000 Twitter followers...more

Ninth Circuit Will Rehear Important Employee Data Theft Case under the Computer Fraud and Abuse Act

On October 27, 2011, the United States Court of Appeals for the Ninth Circuit agreed to rehear the appeal in United States v. Nosal, 642 F.3d 781 (9th Cir. Apr. 28, 2011). Nosal involves a prosecution under the Computer...more

Are LinkedIn Contacts Trade Secrets?

A judge “across the pond” ruled that an employee’s LinkedIn contacts were, in essence, trade secrets of his former employer where those contacts were created during the term of employment and mimicked the employer’s...more

Can a Labor Union Be Sued Under the Computer Fraud and Abuse Act for Spamming an Employer's Voice and Email Systems?

The answer is yes. The Sixth Circuit Court of Appeals last week reversed a district court and reinstated a Computer Fraud and Abuse Act (“CFAA”) claim brought by an employer against a labor union for...more

Noncompete News: The Computer Fraud And Abuse Act Isn't Just For Computer Hackers Anymore; The Ninth Circuit Extends Its...

The Ninth Circuit recently held that the Computer Fraud and Abuse Act (CFAA) is not limited to computer hackers, but also applies to employees who exceed their "authorized access" set forth in their employer's computer usage...more

Preserving a CFAA Claim When Employees Misappropriate Data

The Computer Fraud and Abuse Act (the “CFAA”) imposes criminal penalties when a “protected computer” is accessed “without authorization.” Because the CFAA applies to any computer used in foreign or interstate commerce,...more

9th Circuit Rules For Employers In Protecting Trade Secrets

More often than not when a management law firm informs its clients of recent case developments, the news is not good. This is an exception. The U.S. Court of Appeals for the 9th Circuit recently decided a case which offers...more

United States v. Nosal: Ninth Circuit Decision Increases Protection Against Employee Computer Data Theft

The U.S. Court of Appeals for the Ninth Circuit has given employers a clear path to increased protection for their trade secrets and other proprietary information in its decision in United States v. Nosal, Case No. 10-10038...more

Navigating the Minefield Presented by Modern Employee Theft Claims

With the proliferation of computers in the modern-day workplace, employee theft of trade secrets and confidential data is commonplace. The way an employer handles the gathering of evidence in the aftermath is critical and...more

Decision Insights: Publicly Available Ingredients Do Not Invalidate Source Code’s Trade Secret Status

The recent decision in Decision Insights, Inc. v. Sentia Group, Inc., No. 09-2300 (4th Cir., Jan. 28, 2011), features two reversals of district court decisions involving a bedrock trade secrets principle: just because a...more

How Not to Investigate a Suspected Data Theft

There are few reported cases that reflect the problems that can result from computer investigations being inexpertly performed. U.S. v. Koo, 2011 WL 777965 (D. Or. March 1, 2011), decided this month by an Oregon federal...more