Sensitive Business Information

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Court Denies Forensic Imaging After Parties Do Not Agree to Production at Meet-and-Confer (California)

Boston Scientific Corp. v. Lee, No. 2041 U.S. Dist. LEXIS 107584 (N.D. Cal. Aug. 4, 2014). In this intellectual property case, the plaintiff corporation alleged that the defendant’s employment with another company...more

Protect Your Stuff

From Day One, a start-up company needs to protect its technology and its branding, and to budget for that protection. Some suggested steps follow, many of which require little or no direct, out-of-pocket expense....more

Privacy Top Ten: Things You Think You Know About Privacy – But Don’t!

Whether a start–up or a listed ASX company, your business opportunities are increasingly on–line and/or overseas. At last count over 80 countries have adopted data privacy laws and Australia’s new Australian Privacy...more

Twas the Night Before Christmas -- Non-Compete Style

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could...more

Protecting Trade Secrets In Germany

As Europe’s largest economy, one might expect Germany to provide robust protection of intellectual property assets such as trade secrets....more

Say What? Terminated Employees ‘Own’ Their LinkedIn Accounts (and the Company’s Trade Secrets)?

Companies are getting a big surprise these days: Employees are leaving with their LinkedIn accounts and the company’s proprietary list of business contacts. LinkedIn is a well-known, business-oriented social media website...more

Private-Sector Employers: Updating Your Social Media Policies - BB&K's Joseph Ortiz Writes About the Ever-Evolving Regulations...

Most companies focus their social media policies almost entirely on listing the things the employer finds unacceptable to post and share: - Avoid defamation, obscenities or other inappropriate content. - Never...more

New Texas Statute Provides Businesses With Added Protection for Their Trade Secrets

It is 4:00 p.m. on a Friday afternoon. You just learned that your top-performing salesman resigned his position to accept employment with a direct competitor. You quickly locate the salesman’s personnel file to determine...more

U.S. International Trade Commission Publishes Rules of General Application and Adjudication and Enforcement Effective May 20, 2013

On April 19, 2013, the U.S. International Trade Commission (“Commission”) published final Rules of General Application and Adjudication and Enforcement (78 Fed. Reg. 23474-82), which become effective on May 20, 2013. The...more

Protecting Your Intellectual Property

In This Presentation, Ned Sackman, an attorney and member of Bernstein Shur’s Labor and Employment Practice Group, explores ways companies can secure intellectual property using the following tools: • Non-disclosure,...more

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

Last month, two federal district courts reaffirmed that litigants may not plead around California's Uniform Trade Secrets Act (UTSA) by alleging common law tort claims said to protect business information that does not...more

California Introduces “Right to Know” Privacy Law, Seeking to Increase Transparency

California Assembly Member Bonnie Lowenthal recently introduced the “Right to Know Act of 2013” (AB1291) in the California State Assembly. If passed, this legislation would allow U.S. consumers unprecedented access to...more

Does The Alabama Trade Secrets Act Limit Remedies For Theft Of Information?

Alabama enacted the Alabama Trade Secrets Act (the “ATSA”) in 1987. However, since that time, there have been relatively few reported court decisions analyzing the impact of the ATSA on common law claims. A federal district...more

"Federal Trade Commission Settles Illegal Information Exchange Allegations With Bosley, Inc."

On April 8, 2013, the Federal Trade Commission (FTC) announced a proposed settlement with hair restoration company Bosley, Inc. to resolve allegations that Bosley illegally exchanged competitively sensitive, nonpublic...more

Live Events Agency Sues Former Employees And Independent Contractor For Breach Of Non-Solicitation Agreements

On March 18, 2013, TBA Global, LLC, a live events market and communications agency, sued LEO Events, LLC and several of its owners for breach of non-solicitation agreements and misappropriation of TBA’s trade secrets and...more

Protecting Your Company's Secrets: Drafting and Enforcing Covenants Not To Compete

“Covenants Not To Compete” are essential tools used in the insurance industry, and in many industries, to prevent essential employees from leaving your company to work for a competitor and to take with them trade secrets or...more

Protecting Your Closely Held Business

A client recently came to me with a problem lawyers often hear: the client’s family-owned business needed to hire new employees to keep up with the growth. In particular, the company needed additional sales force and...more

C. Wonder – Not So Wonderful According to Tory Burch

Tory Burch, a designer known for her colorful, yet accessible preppy styles and signature double-T medallion, has a new contender to deal with in the fashion world, and unfortunately it’s her ex-husband and former business...more

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