News & Analysis as of

Trade Secrets › Computer Fraud and Abuse Act (CFAA) › Corporate Counsel

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Dorsey & Whitney LLP

Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink...

Dorsey & Whitney LLP on

Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Prohibits Use of Federal “Anti-Hacking” Law Against Those Who Use Otherwise Authorized Access for Improper Purpose

McDonnell Boehnen Hulbert & Berghoff LLP on

In Van Buren v. United States, the Supreme Court faced the difficult task of determining whether the opaquely-written Computer Fraud and Abuse Act (“CFAA”) would apply to situations in which a person who was authorized to...more

Jones Day

Mid-Year Review of Key Global Trade Secret Developments

Jones Day on

A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

Fisher Phillips on

Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Proskauer - New Media & Technology

Wholesale Scraping of “Public” Data May Be Trade Secret Misappropriation

Proskauer - New Media & Technology on

In what could be prove to be an important decision within the context of scraping of “public” data, in a recent case the Eleventh Circuit reversed a lower court’s dismissal of trade secret claims relating to the scraping of...more

Seyfarth Shaw LLP

A Decade of Data Whets the Appetite for Data Nerds: Lex Machina Releases 2020 Report on Trade Secret Litigation

Seyfarth Shaw LLP on

Legal analytics powerhouse Lex Machina recently released its 2020 Trade Secret Litigation Report, which highlights federal litigation trends in the last decade, as well as the last year specifically. ...more

Sherman & Howard L.L.C.

Loving the Competition

Sherman & Howard L.L.C. on

In a recent case, with some rather salacious details, the Third Circuit had the opportunity to examine employee liability under the Computer Fraud and Abuse Act (CFAA). Teva received a tip from a competitor’s former employee...more

Foley & Lardner LLP

Press Delete, Go Directly to Jail? The Scope of the Computer Fraud and Abuse Act’s Damage Provision

Foley & Lardner LLP on

Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California. Mr. Zeng...more

Foley Hoag LLP - Security, Privacy and the...

Cybersecurity 2017 – The Year In Preview: Trade Secret Theft Takes Center Stage

Foley Hoag LLP - Security, Privacy and the... on

Editor’s Note: This is the first of an end-of-year series of posts examining coming trends in cybersecurity. Posts will examine trends in state regulations, federal regulatory authority, the changing nature of the threat...more

Sheppard Mullin Richter & Hampton LLP

Compilation of Public Data Can be Trade Secret

Sheppard Mullin Richter & Hampton LLP on

A recent 9th Circuit Court of Appeals decision confirmed that data derived from a compilation of publicly available information can constitute a protectable trade secret, particularly when a proprietary process is used to...more

Constangy, Brooks, Smith & Prophete, LLP

Court Upholds Conviction Of Ex-Employee For Conspiring To Access Company Data Through “Shared” Password

Constangy, Brooks, Smith & Prophete, LLP on

Is password sharing a crime? It can be under the right circumstances, according to last week’s decision in United States v. Nosal. In Nosal, the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of a former...more

Proskauer - New Media & Technology

CFAA Double Feature: Ninth Circuit Issues Two Important Decisions on the Scope of Liability Related to Data Scraping and...

Proskauer - New Media & Technology on

This past week, the Ninth Circuit released two important decisions that clarify the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The Act was originally designed to target...more

Seyfarth Shaw LLP

Federal Court Rejects Employer’s Trade Secret and Computer Fraud and Abuse Act Claims

Seyfarth Shaw LLP on

An ex-employee’s former employer sued him for alleged violations of the Kansas Uniform Trade Secrets Act (KUTSA) and the federal Computer Fraud and Abuse Act (CFAA). The first claim was based on the company’s hunch that he...more

Orrick - Employment Law and Litigation

“Don’t Go There”: Second Circuit Makes it Harder to Bring Claims against Former Employees who Take Company Information without...

Orrick - Employment Law and Litigation on

On December 3, the Second Circuit Court of Appeals became the most recent entrant into the circuit conflict on the question of when and under what circumstances an employee’s use of a computer to gain access to unauthorized...more

Orrick, Herrington & Sutcliffe LLP

"Don’t Go There": Second Circuit Makes it Harder to Bring Claims against Former Employees who Take Company Information without...

Orrick, Herrington & Sutcliffe LLP on

On December 3, the Second Circuit Court of Appeals became the most recent entrant into the circuit conflict on the question of when and under what circumstances an employee’s use of a computer to gain access to unauthorized...more

Orrick - Trade Secrets Group

Think Before You Tack CFAA Claims on to Your Trade Secret Misappropriation Case

Orrick - Trade Secrets Group on

Before you include a Computer Fraud and Abuse Act (“CFAA”) claim in a trade secret case, consider carefully: was the data acquired through “unauthorized access” or was it just misused by the defendants? If it was properly...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide