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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Category Archives: Cybersecurity

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Corporate Espionage: Not Your Typical Sports-“Gate”

Posted in Computer Fraud and Abuse Act, Cybersecurity, Data Theft, Espionage, Trade Secrets

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 are discussing legal issues, they relate to domestic violence or other crimes, concussions, illicit and performance enhancing drugs, or labor disputes (sometimes even … Continue Reading

Unsecured Networks More Susceptible to Data Theft

Posted in Cybersecurity, Data Theft, Trade Secrets

Over the past few years, users have become increasingly aware of the inherent dangers of connecting to unsecured Wi-Fi networks. Unfortunately, existing security vulnerabilities in the underlying network hardware may still open a user’s computer to security issues.

Recently, Wired reported that security firm Cylance discovered a vulnerability in a specific brand of network routers deployed throughout many hotel chains … Continue Reading

CFAA and SCA Do Not Prohibit Creation Of A Fake Facebook Page

Posted in Computer Fraud and Abuse Act, Cybersecurity, Social Media, Trade Secrets

The defendants in a case pending in Chicago federal court were accused of contravening Facebook’s terms of use by accessing its computers in order to create a phony page and then using it to ridicule someone. In Bittman v. Fox, Case No. 14 C 8191 (N.D.Ill., June 1, 2015) (Holderman, J.), the court held that those allegations do not state … Continue Reading

Satisfying the Computer Fraud and Abuse Act’s Jurisdictional Requirements Can Be Complicated

Posted in Computer Fraud, Computer Fraud and Abuse Act, Cybersecurity, Data Theft

The parties in a Computer Fraud and Abuse Act case moved for partial summary judgment. Among the issues were whether the plaintiff had incurred the requisite $5,000 in qualifying losses, and whether the complaint was time-barred. The motions were denied, but the court had to do a lot of explaining. Quantlab Technologies Ltd. v. Godlevsky, Case No. 4:09-CV-4039 (S.D.Tex., … Continue Reading

Privacy & Security Are Back on the Agenda in DC

Posted in Cybersecurity, Legislation, Privacy

Cross Posted from Global Privacy Watch

The plethora of security incidents in the news have once again put security front and center of the international agenda. Predictably, this has triggered a number of responses from governments around the world. Some of these responses seem to have been ill-considered. However, one of the more comprehensive responses came out of the … Continue Reading

2014 Trade Secrets Webinar Series Year in Review

Posted in Computer Fraud, Cybersecurity, Data Theft, International, Non-Compete Enforceability, Social Media, Trade Secrets

Throughout 2014, Seyfarth Shaw LLP’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever changing area of law. The series consisted of 10 webinars:

2013 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete,… Continue Reading

NLRB “Deletes” Employer Email Rule

Posted in Cybersecurity, Privacy

Until December 11, employers thought that they owned their email systems and could limit their use to company business.  On that day, a divided National Labor Relations Board (“NLRB”) ruled “not so.”  In Purple Communications, 361 NLRB No. 126 (Dec. 11, 2014), the NLRB ruled that employees who have access to an  employer’s email system as part of their job … Continue Reading

Union Files NLRB Complaint Regarding the USPS’ Handling of Security Breach Involving Employee Personal Information

Posted in Cybersecurity, Data Theft, Privacy

A company faced with a security breach has a lengthy “to do” list, things to accomplish with respect to its incident response plan. It must, among other things, determine the root cause of the vulnerability or breach, investigate and eliminate the vulnerability or breach, determine the full nature and extent of the breach, determine who to notify and finalize the … Continue Reading

Seyfarth Attorneys Facilitate Discussion On Cybersecurity and Protecting Valuable Trade Secrets at the 39th Annual Intellectual Property Institute Conference

Posted in Cybersecurity, Practice & Procedure, Privacy, Trade Secrets

Seyfarth Intellectual Property, Trade Secret and Privacy attorneys are participating in the 39th Annual Intellectual Property Institute Conference in Garden Grove, California this week.

The IP Institute brings together preeminent speakers from leading companies and law firms to share tips “from the trenches.” The Institute covers a great array of topics affecting our clients, such as trademarks, copyrights, licensing, litigation, … Continue Reading

Trade Secret Attorneys Discuss Latest Issues in Trade Secret Litigation in Corporate Disputes Magazine

Posted in Cybersecurity, Data Theft, Espionage, International, Legislation, Privacy, Social Media, Trade Secrets

On October 1, 2014, Michael D. Wexler and Robert B. Milligan, partners and co-chairs of Seyfarth Shaw’s Trade Secrets, Computer Fraud & Non-Competes practice group participated in a Q&A mini-roundtable from Corporate Disputes Magazine on current trends in trade secret disputes and the steps companies can take to reduce these disputes.  Below are fielded questions from the Seyfarth Shaw Reprint Continue Reading

Webinar Recap! Protecting Trade Secrets: The Current Landscape, Top Threats, Best Practices for Assessing and Protecting Trade Secrets, Proposed Legislation and Future Scenarios

Posted in Cybersecurity, Data Theft, Espionage, Trade Secrets

We are pleased to let you know that the webinar “Protecting Trade Secrets: The Current Landscape, Top Threats, Best Practices for Assessing and Protecting Trade Secrets, Proposed Legislation and Future Scenarios” is now available as a podcast and webinar recording.

Robert B. Milligan, partner and co-chair of Seyfarth Shaw’s Trade Secrets, Computer Fraud & Non-Competes practice group, Daniel Continue Reading

Security Breach Liability – Its Complicated

Posted in Breach of Fiduciary Duty, Cybersecurity, Data Theft, Trade Secrets

The security breach news cycle continues. There remains a deluge of news stories about point-of-sale terminals being compromised, the ease of magnetic stripes being cloned, and the need for Chip and PIN technology being deployed on credit cards. The legal ramifications of all these events is just starting to become apparent – and it’s complicated. Individual liability is beginning to … Continue Reading

Upcoming Webinar: Protecting Trade Secrets and Recent Trade Secret Legislation Developments Presented By Seyfarth Shaw LLP, CREATe.org and PwC

Posted in Cybersecurity, Data Theft, International, Trade Secrets

From organized crime and “hacktivists” to competitors and rouge employees, the threats to companies’ trade secrets are more pronounced today than ever before.   A recent report by the Center for Responsible Enterprise And Trade (Create.org) and PricewaterhouseCoopers LLP (PwC) —  Economic Impact of Trade Secret Theft: A framework for companies to safeguard trade secrets and mitigate potential threatsContinue Reading

Upcoming Webinar: Protecting Trade Secrets Presented By Seyfarth Shaw LLP, CREATe.org and PwC

Posted in Cybersecurity, Data Theft, Trade Secrets

It is not uncommon for companies to find that a company’s crown jewels – trade secrets – are overlooked, taken for granted or not properly protected. In a matter of minutes, these key assets can be lost or compromised through what is often benign neglect. This reality is compounded by outsiders and insiders bent on stealing valuable company assets. Sources … Continue Reading

When Is The Possession of International Trade Secrets A Mistake Or Economic Espionage: Contrasting U.S. v. Yeh with U.S. v. Liew

Posted in Cybersecurity, Data Theft, Espionage, Trade Secrets

The judgments rendered in two recent 2014 federal criminal cases reveal the inherent complexity in prosecuting international trade secret misappropriation claims.

In U.S. v. Liew, Judge White of the U.S. District Court for the Northern District of California sentenced defendant Walter Liew to 15 years in prison for misappropriating trade secrets from chemical giant DuPont and selling them to … Continue Reading

Time to Party Like It’s 1999… Again: Information Technology Returns to Center Stage

Posted in Cybersecurity, Data Theft

By Matthew Hafter

With the Securities and Exchange Commission’s attention again returning to cybersecurity issues, many registrants are recalling the Commission’s intense focus on “Year 2000” issues over a decade ago.

Commissioner Luis Aguilar, in remarks at the SEC’s cybersecurity roundtable held on March 26, 2014, made a special point of discussing the SEC’s growing concerns about cybersecurity and observed … Continue Reading

Webinar Recap! Barbarians at the Gate: Class Action Avoidance and Mitigation for Data Breach

Posted in Cybersecurity, Data Theft, Trade Secrets

We are pleased to let you know that the webinar “Barbarians at the Gate: Class Action Avoidance and Mitigation for Data Breach” is now available as a podcast and webinar recording.

In Seyfarth’s third installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys took a closer look at avoidance and mitigation techniques for data breaches, including where the … Continue Reading

Tips for Avoiding Liability for Trade Secret Misappropriation Concerning the Hiring and Departure of Employees

Posted in Computer Fraud and Abuse Act, Cybersecurity, Data Theft, Social Media, Trade Secrets

By Robert Milligan and Joshua Salinas

As companies face increasing competitive and financial pressures, management is understandably consumed with running the day-to-day operations of the business and working to achieve business objectives and maximize the bottom line. As a result, it is not uncommon for companies to find themselves in situations where important assets are overlooked or taken for granted. … Continue Reading

Third Circuit Signals Pro-Defendant Interpretation of the Computer Fraud and Abuse Act’s “Authorized Access” Provisions

Posted in Computer Fraud, Computer Fraud and Abuse Act, Cybersecurity, Espionage

On April 11th, the Third Circuit Court of Appeals reversed the conviction and 41-month prison sentence of a Computer Fraud and Abuse Act (CFAA) defendant, holding that he was tried and convicted in an improper venue.  U.S. v. Auernheimer, No. 13-1816 (3rd Cir. Apr. 11, 2014).  Though we usually do not post on procedural issues like these, we certainly post … Continue Reading

Covert Cellular: Enough Protection for Trade Secrets?

Posted in Cybersecurity, Data Theft, Espionage, International, Trade Secrets

With the ever-increasing need to maintain communications with customers and your employees, mobile phones have become a requirement for business people. Spanish telecommunications company Geeksphone is targeting the business market with Blackphone, the first mobile phone that encrypts data transmissions. No one would argue against the value of increased wireless data security, but do CIA-style cellular phones really provide enough … Continue Reading

California Attorney General Provides Some Guidance on Cybersecurity

Posted in Cybersecurity, Data Theft, Privacy

Cross-Posted from The Global Privacy Watch

With all the high-profile cybersecurity breaches that seem to be in the news lately, there is a plethora of “guidance” on cybersecurity. The Attorney General of California has decided to add to this library of guidance with her “Cybersecurity in the Golden State” offering. Cybersecurity is a pretty mature knowledge domain, … Continue Reading