News & Analysis as of

California Highway Patrol seeks to eliminate identity theft in vehicle purchases with proposed new thumbprint requirement

Every year, millions of dollars are lost by finance companies and dealerships due to fraud and identity theft related crimes. Even worse, due to the lack of accurate personal information on an identity theft suspect,...more

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

Quick Guide to Trade Secrets

An overview of trade secrets, the critical business information that provides companies with a competitive edge. What are Trade Secrets? - Technical Information - Product formulas - Product designs ...more

The Top Ten Things Every Commercial Litigator Must Know About the Fifth Amendment

Invoking the Fifth Amendment privilege is not just for scenes from Law & Order or Better Call Saul. These days commercial cases, especially those involving individual defendants, are commonly filled with claims that have...more

Trade Secrets Protection Bill Pending Before the Senate and Judiciary Committee

On July 29, 2015, congressional leaders in both the House and Senate introduced a bipartisan, bicameral legislation to help combat the theft of business trade secrets. The proposed bill, titled the "Defend Trade Secrets Act...more

Are Big Changes on the Horizon for Trade Secrets Litigation?

Identical bills pending in the U.S. House and Senate are aimed at expanding and altering the substantive and procedural remedies available to businesses seeking to defend their valuable trade secrets through litigation. On...more

Pennsylvania Federal Court Finds Standing in Data Breach Class Action

The debate over standing in data breach litigation is gaining more attention lately. While many courts have hesitated to find standing prior to lost personally identifiable information (PII) actually being misused, the U.S....more

Motion to Quash Service Is Not a Collateral Order and Therefore Not Appealable - United States v. Sinovel Wind Grp. Co.

The U.S. Court of Appeals for the Seventh Circuit concluded that the district court’s denial of defendant Sinovel’s motion to quash service of process is not an appealable order under the collateral order doctrine. The Court...more

Daily Trade Secret Theft for Daily Fantasy Sports?

While season-long fantasy sports leagues have long been in existence, the emergence of daily fantasy sports (“DFS”) has been relatively recent. DFS allows participants to enter daily contests for money where a salary cap is...more

They only steal from the Plan when no one is looking

I don’t know what’s going on in the south shore of Long Island over the past few years and it wasn’t just Hurricane Sandy. A few years back, the treasurer of my local school’s PTA stole more than $5,700 for her own...more

How Employers Can Combat Timecard Fraud And Employee Wage Theft

There is nothing so central to wage-hour laws than the sacred domain of “hours worked.” The concept is simple: employees record the time they spend working, and from this data employers generate labor budgets and employee pay...more

Who is Stealing Your Trade Secrets? An Overview of Key Threats

Every company has trade secrets – for some, they may be special manufacturing processes, for other organizations, trade secrets could include product formulae, customer lists, software code or marketing strategies. The more...more

Can You Terminate An Employee For Acting In Self-Defense? Maybe Not.

The case, Ray v. Wal-Mart Stores, involved two incidents at two different Utah Wal-Mart stores and five former employees. Under Wal-Mart policy, employees are required to “disengage” from an individual with a weapon or who...more

Recent Developments on Copyright Preemption of Trade Secret Claims in the Fifth Circuit

For the latest on the copyright preemption doctrine (codified at 17 U.S.C. § 301(a)) look no further than the Fifth Circuit, which, together with its district courts, issued a string of recent decisions regarding the...more

Angie’s List Accuses Amazon of Home Improvement Hijinks

Even freed from bricks and mortar, online retailers and service providers are realizing that market share is not infinite. A complaint recently filed by Angie’s List Inc. against Amazon Local LLC for its newly launched online...more

Question Everything…Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175

On a frigid January night, Mr. Crawford was along for the ride when one of his companions—fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun—decided to steal a vehicle. Mr. Crawford...more

Confidential Documents Potentially Safer From Employee Misappropriation Says New Jersey's Supreme Court

On the heels of an appellate decision providing employees a virtual how-to manual to misuse and exploit confidential employer documents and safely provide them to a competitor, New Jersey's Supreme Court reversed course last...more

Bank Bond Covers Third-Party Losses Arising out of Bank Employee’s Fraud, Eighth Circuit Holds

Fidelity bonds are purchased primarily to protect against loss to the policyholder’s own assets, from things like employee theft or embezzlement. In Avon State Bank v. BancInsure, Inc., however, the Eighth Circuit interpreted...more

Corporate Espionage: Not Your Typical Sports-“Gate”

Generally when one refers to “competitors” in the context of protecting trade secrets, it is in regard to business competitors, not competing sports teams. And usually when the talking heads on sports radio and television...more

Cardinals Hacking Update

St. Louis Cardinals owner Bill DeWitt, Jr. threw staff members under the bus following the breaking story last week that the Cardinals have been hacking into the Astros’ database for up to three years. According to DeWitt, a...more

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to...more

Fired Nurse Loses Whistleblower Suit over Suspected Drug Use

A federal appeals court recently affirmed the dismissal of a whistleblower-retaliation suit against a Maine nursing home, holding that the plaintiff employee failed to prove that she was fired for telling her supervisor she...more

New York Court Denies Insurer’s Motion for Summary Judgment Based upon Undefined Term “Occurrence” in Policy

In Rafer Rokeach v. Hanover Ins. Co., 2015 U.S. Dist. LEXIS 65801, *1-16 (S.D.N.Y. May 19, 2015), the U.S. District Court for the Southern District of New York examined the undefined term “occurrence” in the deductibles...more

Law à la Mode - Edition 16 - May 2015 (Global)

In This Issues: - Key Considerations: For Negotiating Electronic Point Of Sale Solution Agreements - Fashion Forward And Tech Savvy: The Co-Branding Of Wearable Technologies - The Internet Of Things: The...more

Food Industry Continues to Face Data Privacy and Security Risk

In 2014, grocers and restaurants continued to be plagued by attacks leading to the theft of credit card information. Among others, Supervalu Inc. and Jimmy John’s both experienced intrusions in 2014, extending the string of...more

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