News & Analysis as of September 21, 2024

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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 -

[Webcast Transcript] From Breach to Insight: Incident Response & PII Recovery

HaystackID on 6/6/2024

Editor’s Note: In this informative webcast, Christopher Wall, DPO and Special Counsel for Global Privacy and Forensics at HaystackID, moderates a compelling discussion titled “From Breach to Insight: Incident Response and PII...more

Five Document Management Steps to Protect an Emerging Company’s Future

Orrick, Herrington & Sutcliffe LLP on 8/12/2022

Focused on getting their businesses in a position to thrive, few emerging companies think about how documents and document management policies can cause significant future litigation exposure. We have found that emails, IMs,...more

Beware Of Online Scammers

Fox Rothschild LLP on 10/29/2020

The Federal Trade Commission (FTC) has reported a three-fold increase in consumer reports about scams arising on social media since last year as well as a spike around the time the COVID-19 pandemic began. This includes...more

Cyberspace Saves an Out-of-State Oil Company

Gray Reed on 9/5/2019

Can an email be directed to a particular state? No, said a Texas court in Enerquest Oil & Gas, LLC v. Antero Resources Corporation. The court questioned “the very premise of the contention that an email can be sent to a...more

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

Fisher Phillips on 3/4/2019

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Arizona Employers, What Exactly Does Your Non-Solicitation Agreement Prevent?

Payne & Fears on 10/3/2018

Non-solicitation agreements are commonly used by employers to restrict former employees from soliciting clients following termination of the employment relationship. Courts throughout the country have different takes on the...more

Tesla Seeks Inspection Of Former Employee’s Cloud Storage Accounts – Lawsuit Highlights The Need For Diligent Security Efforts By...

Shook, Hardy & Bacon L.L.P. on 7/11/2018

In a recently developing story, on June 20, 2018, automaker and renewable energy giant Tesla filed suit against its now former employee Martin Tripp in the U.S. District Court for the District of Nevada. ...more

Why Your Company Should Be Using Email Enterprise Vaults, Anti-Deletion Programming and Key Stroke Surveillance Software in the...

Fisher Phillips on 4/4/2018

Twenty-five years ago most companies’ greatest fear of espionage was employee theft at the photocopy machine at 2 in the morning. The company playbook could not be forwarded in an email or put on a thumb drive in a matter of...more

Non-Compete News: Using Defend Trade Secrets Act, California Court Stops Deletion of Misappropriated Confidential Information

FordHarrison on 5/31/2017

Having just celebrated its one-year anniversary, the Defend Trade Secrets Act (DTSA) triggered an uptick in federal litigation concerning the fight to protect corporate trade secrets. Though no court has issued the elusive ex...more

(Alleged) Spammer Squares Off With (Alleged) Hacker, Highlighting Risk of Cyber Threats

Orrick - Trade Secrets Group on 4/4/2017

What’s in a name? Obviously a lot, as businesses in all industries invest significant time and money to protect their reputations. But, in some sectors, the line between positive and pejorative can be quite thin. Take...more

When Employees Leave With Your Secrets

Orrick, Herrington & Sutcliffe LLP on 1/19/2017

Recently I shared the podium with an FBI agent who was asked what frustrated him the most when trying to help businesses with trade secret theft. His answer was a surprise: they fire the guy too fast! He explained that when...more

Employment Law Navigator – Week in Review: July 2016

Zelle LLP on 7/5/2016

What if employers could read employees’ minds? Cybersecurity firm Stroz Friedberg has developed technology that some might say can do just that. The software, Scout, reads employee emails to determine if an employee is...more

Quirky Question #283: They Stole Our Stuff, Can We Sue?

Dorsey & Whitney LLP on 7/1/2016

Question: My company recently terminated an employee, and we are very worried she accessed her email inappropriately in the days before she was fired. The timing of it all is … well, quirky. Here’s what happened: The...more

Happy Times, High Crimes and Misdemeanors (Silicon Valley – Episode 25)

Sheppard Mullin Richter & Hampton LLP on 6/13/2016

In this week’s episode of Silicon Valley, Richard enjoyed an unprecedented run of success, culminating with the official launch of Pied Piper’s platform. Richard has suffered so many setbacks, it’s little wonder he is...more

Monitoring Employee Communications: A Brave New World

Seyfarth Shaw LLP on 5/2/2016

Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of...more

Project CAMERASHY Details Cyberespionage By China’s Military

King & Spalding on 10/1/2015

In a story reminiscent of a Tom Clancy plot, the Wall Street Journal reported last Thursday on “meticulously documented” cyberespionage conducted by China’s People’s Liberation Army (“PLA”) Unit 78020 to further strategic...more

Russian Perspective: Can Sending Confidential Information to Your Personal Email Address Constitute a Disclosure of a Trade...

Orrick - Trade Secrets Group on 2/18/2015

Imagine that you are the General Director of a company (the Russian equivalent of an American CEO), and your information security department finds out that an employee, who you have long suspected of industrial espionage, has...more

Smoking Gun Or Blowing Smoke? Five Tips To Make Sure That Computer Forensic Evidence Of Trade Secret Theft Is What You Think It Is

Orrick - Trade Secrets Group on 7/17/2013

Today’s hackers and ex-employees steal secrets with USB drives, personal email accounts, and computer networks, making computer forensics critical in detecting trade secret theft....more

Confidentiality From The Boardroom To The Bedroom

Cozen O'Connor on 1/14/2013

Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions. What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more

Second Circuit Rules U.S. Court Has Personal Jurisdiction over Foreign Employee Who Allegedly Misappropriated Trade Secrets...

Wilson Sonsini Goodrich & Rosati on 1/11/2013

Last month, a federal appeals court issued a ruling permitting an employer in Connecticut to pursue a claim against a former employee who allegedly misappropriated the employer's confidential information from outside the...more

Effective Data-Use Policies Can Have “Far-Reaching” Benefits in Cracking Down on Employee Cyber Theft

Cohen & Gresser LLP on 1/9/2013

In a decision that could make it easier for U.S. companies to enforce claims against employees who commit cyber theft from remote locations, including from beyond U.S. borders, the Second Circuit breathed life into a...more

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