News & Analysis as of

Customer Lists Trade Secrets

Not a Trade Secret

by Pessin Katz Law, P.A. on

In U.S. v Jennifer Salgado & Jenny’s Tax Service, (No. 1:16-CV-03186-SMJ, Mar. 24, 2017) the U.S. District Court for the Eastern District of Washington (the “Court”) held that a taxpayer’s client list and client identifying...more

Are My Customer Lists a Trade Secret?

by Seyfarth Shaw LLP on

A lawyer’s favorite phrase might be “it depends.” And when an employer asks whether its customer lists qualify as a trade secret, “it depends” is often the answer. But even if it’s difficult to definitively state whether...more

Don’t Friend My Friends: Nonsolicitation Agreements Should Account for Social Media Strategies

As social media becomes an important part of many companies’ sales and branding strategies, issues relating to companies’ ability to protect their investments in such strategies are emerging. Indeed, this blog has previously...more

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

Top 10 Ways to Protect Your Company’s Data

You know how important data is to your business and you have been hearing about data breaches for more than a decade, but where do you find a simple, straightforward summary of how to protect your company? That is a question...more

Protecting Company Relationships and Information Upon an Employee Departure

by Smith Anderson on

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

To Void Or To Modify? Courts Have The Final Say On Voiding Or Rewriting A Non-Compete Agreement

“This has been a trend for a long time; the days of lifetime employment are long since over.” — Marc Andreeson Anticipating that employees do not always stay with an employer for the duration of their careers,...more

Striking a Balance: Alabama’s Newly-Amended Restrictive Covenant Statute

When Alabama Governor Robert Bentley signed House Bill 352 into law on June 11, 2015, he repealed Alabama’s bare bones restrictive covenant statute and replaced it with a detailed codification of much of Alabama’s restrictive...more

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

by Poyner Spruill LLP on

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

North Carolina Business Court Revisits When Customer-Related Information is a Trade Secret

by Smith Anderson on

The North Carolina Business Court recently revisited the question of when a business’s customer-related information can be considered trade secrets. In Southern Fastening Systems, Inc. v. Grabber Construction Products, Inc.,...more

Securing your Network: Claiming Contacts as Trade Secrets

The paradigmatic trade secret is something that is obviously technical, such as source code or the formula for Coke. Though trade secrets protection is not limited to technical trade secrets, it can sometimes be tricky to...more

Aspects of Private Social Media Groups May Be Protectable Under Illinois Trade Secret Law

by Seyfarth Shaw LLP on

In Illinois federal court, a plaintiff alleged aspects of their LinkedIn group were trade secrets misappropriated by the defendant. The defendant moved to dismiss for failure to state a claim. The court denied the motion in...more

An Interesting Trade Secrets Case From The Business Court

by Brooks Pierce on

If you were unsure whether customer information held by your client -- like customer contact information, sales reports, prices and terms books, sales memos, sales training manuals, commission reports, and vendor information...more

Is Your Client's Customer Information A Trade Secret? Maybe, If You Plead It Specifically Enough.

by Brooks Pierce on

I have remarked before how hard the Business Court has been on Plaintiffs making trade secrets claims. You can look here and here for example of these prior posts. The Court has often dismissed trade secrets claims on a...more

New Strings Attached: LinkedIn Contacts Are Now Trade Secrets?

From a birds-eye view, Cellular Accessories For Less, Inc. v. Trinitas, LLC appears to be a typical dispute between an employer and its former employee. However, a closer look reveals an issue new to the world of trade...more

Are LinkedIn Contacts The Employer's Trade Secrets?

by Fenwick & West LLP on

A federal district court in California held in Cellular Accessories For Less, Inc. v. Trinitas LLC that whether LinkedIn contact information can be an employer's trade secret is a factual dispute that must be decided by a...more

Fenwick Employment Brief - October 2014

by Fenwick & West LLP on

New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

HALLOWEEN EDITION: Cookie Maker Gets Early Treat When Court Protects Halloween Cookie Recipe As A Trade Secret

In September 1995, Philadelphia-area cookie manufacturer Sweetzel, Inc. got an early Halloween treat when the U.S. District Court for the Eastern District of Pennsylvania found that the company’s cookie recipes and customer...more

Not All Customer Lists Are Trade Secrets

by Jaburg Wilk on

In a case decided this past April, the Arizona Court of Appeals found that whether a business's customer list is a trade secret requires a factual inquiry. Calisi v. Unified Financial Services, LLC, Case No. 1 CA-CV-0812. The...more

California Court Affirms That Customer Lists Can Qualify As Trade Secrets

Wanke, Industrial, Commercial, Residential, Inc. v. Superior Court, 2012 WL 4711888 (Cal. App. 4th, Oct. 4, 2012): In Wanke, the appellate court affirmed that under some circumstances, a company’s customer list can qualify as...more

California Court Affirms that Customer Lists Can Qualify as Trade Secrets

Under California’s trade secret laws, a trade secret is information that (a) is not generally known in the industry, to the public, or to others who can realize economic value from its disclosure or use; (b) has independent...more

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