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As businesses move away from paper documents, courts are poised to broaden ‘conversion’ definition.
The fundamental shift for businesses in the past 15 years from paper documents to computer data has forced the courts...more
A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification...more
Trade secret misappropriation cases often are won or lost quickly and early at the preliminary injunction stage of the case. However, today we report on the results of a slow moving, long-running trade secret case that...more
A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more
The Justice Department announced that Johnson & Johnson will pay $1.273 billion to the federal government and most states to settle a civil False Claims Act investigation into its off-label marketing of its antipsychotic drug...more
Key Takeaway: Companies that follow these 3 steps can use the Computer Fraud and Abuse Act as a tool to combat the misuse of their computers (and information) by (1) actively monitoring for misuses, (2) taking reasonable...more
SUMMARY: The two year statute of limitations for Computer Fraud and Abuse Act claim began to run when the plaintiff had an awareness of an unauthorized access into its computer system even if the plaintiff did not know the...more
We previously reported on the downpour of recent trade secret activity in Congress. Last week, Congresswoman Zoe Lofgren (D-Cal.) added to the deluge by introducing two bills bearing on trade secret misappropriation...more
In Ignat v. Yum! Brands (March 18, 2013) an employee claimed a violation of her right of privacy when her supervisor publicly disclosed to coworkers her bipolar condition. The trial court granted summary judgment to the...more
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
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
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
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
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 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
Yesterday the 9th Circuit Court of Appeals issued an opinion holding that limiting an employee’s access to the company computers solely for business purposes, i.e. not stealing the data for a competitor, cannot be the...more
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
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
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
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
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
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
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
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
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
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