Header graphic for print
Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Category Archives: International

Subscribe to International RSS Feed

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:… Continue Reading

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

Proposed New Rules on Trade Secrets in Europe – the European Commission Proposal on the Protection of Know-How

Posted in International, Trade Secrets

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry by Bartosz Sujecki, an attorney from Bavelaar Advocaten in the Netherlands, on the European Commission’s proposed Directive to provide harmonized trade secret protections in Europe.

-Robert Milligan, Editor of Trading Secrets

By Bartosz Sujecki

The protection of trade secrets … Continue Reading

French Court Rules That A Confidentiality Clause Does Not Require Any Financial Compensation to Be Lawful

Posted in International, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

As many readers will know, non-compete clauses in employment contracts are only valid in France if, among other conditions, an employee receives a financial consideration of 40 to 60% salary depending on the sector and the role for the duration of the restriction. But do confidentiality clauses need to be subject to the same treatment?

The recently published decision of … Continue Reading

Seyfarth Attorneys Facilitate Discussion On Trade Secret Protections and Legislative Developments in US and EU at ITechLaw 2014 European Conference

Posted in Data Theft, International, Legislation, Trade Secrets

Seyfarth IP, International and Trade Secret Attorneys are participating in the ITechLaw 2014 European Conference in Paris, France this week.

ITechLaw is a not-for-profit organization established to inform and educate lawyers about the unique legal issues arising from the evolution, production, marketing, acquisition and use of information and communications technology.

Seyfarth partner Robert Milligan, an ITechLaw Member of the Board … 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

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

What You Need to Know About Trade Secrets in India

Posted in International, Trade Secrets

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry about trade secrets in India by technology and corporate attorneys Sajai Singh and Soumya Patnaik of J. Sagar Associates in Bengaluru, India. Sajai serves as the President of ITechLaw, a leading technology law organization.  This entry is part two … Continue Reading

What You Need to Know About Non-Compete Covenants in India

Posted in International, Non-Compete Enforceability, Practice & Procedure

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry about non-compete covenants in India by technology and corporate attorneys Sajai Singh and Soumya Patnaik of J. Sagar Associates in Bengaluru, India. Sajai serves as the President of ITechLaw, a leading technology law organization.  This entry is part one … Continue Reading

Shanghai Courts Provide Additional Relief to Employers for Breach of Non-Compete Agreements

Posted in International, Non-Compete Enforceability, Trade Secrets

Non-compete agreements are widely used by employers in certain industry sectors in China to protect their trade secrets and confidential information.

In China, employers may require the employee to continue to perform the non-compete obligation and pay liquidated damages in accordance with the non-compete agreement after breach occurs.

In the past, however, the following uncertainties could impede the employer from … Continue Reading

The French Answer To Flexible Working: The Right To Privacy and To Limit Work After Business Hours

Posted in International, Privacy

The French Answer to Flexible Working

Ever since the first laws on the 35-hour week were enacted over fifteen years ago, monitoring working time has been a headache for employers in France. With the introduction of new technology and mobile devices, the situation has worsened. The French approach to flexible working is to reaffirm that employees have the right to … Continue Reading

Kansas Federal Court Denies Preliminary Injunction For Alleged Violation Of Confidentiality And Non-Compete Covenants under Canadian Law

Posted in International, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

The plaintiff corporation — now a Delaware LLC based in Kansas — was headquartered in Alberta, Canada at the time its employees signed agreements containing confidentiality and non-compete covenants.  The agreements designated the applicable law to be that of Alberta.  When its ex-employees allegedly violated the covenants, the plaintiff sued them and their new employer in a Kansas federal court.  … Continue Reading

Webinar Recap! International Trade Secrets and Non-Compete Law Update

Posted in International, Legislation, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

We are pleased to announce the webinar “International Trade Secrets and Non-Compete Law Update,” is now available as a podcast and webinar recording.

The fifth webinar in the 2014 series, was presented by Wan Li, Ming Henderson, Justine Turnbull and Daniel Hart, focused on non-compete and trade secret considerations from an international perspective. Specifically, the webinar involved a discussion … Continue Reading

United Kingdom Update on Contractual Notice Periods and Restrictive Covenants

Posted in International, Non-Compete Enforceability, Restrictive Covenants

An employee cannot ‘walk out’ and refuse to work to avoid their notice period and the restrictive covenants contained in their contract of employment.

In Sunrise Brokers LLP v Rodgers [2014] EWHC 2633 the High Court held that an employer does not have to accept that a ‘walk out’ by an employee will terminate the contractual relationship. The employer has … Continue Reading

Once You’ve Made Your Restrictive Covenant Bed You Must Lie Upon It…

Posted in International, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

The traditional approach taken by the English Courts to restrictive covenants was confirmed in the decision of the Court of Appeal in Prophet plc v Huggett [2014] EWCA Civ 1013. The Court of Appeal overturned a High Court judge’s decision that the words “or similar thereto” should be added to the relevant clause in order for it to make … Continue Reading

Seyfarth to Host Webinar on International Trade Secrets and Non-Compete Law

Posted in International, Non-Compete Enforceability, Practice & Procedure, Trade Secrets

When the Walt Disney Company built the “It’s a Small World” ® ride for the New York World’s Fair in 1964, they probably had no idea of the challenges that globalization could pose 50 years later. From cases involving the sale of stolen trade secrets to foreign companies to departing employees setting up competing business in different jurisdictions, many … Continue Reading

Upcoming On-Demand Webinar: International Trade Secrets and Non-Compete Law Update

Posted in International, Non-Compete Enforceability, Trade Secrets

To accommodate our global audience, the fifth installment in the 2014 Trade Secrets Webinar Series will be available as an on-demand broadcast on Thursday, July 31, 2014 at 9:00 a.m. Central. Please register to receive access to the broadcast.

Seyfarth attorneys Wan Li, Ming Henderson, Justine Turnbull and Daniel Hart  will focus on non-compete and trade secret considerations from an … Continue Reading

Webinar Recap! Trade Secret and Non-Compete Legislative Update

Posted in International, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

We are pleased to announce the webinar “Trade Secret and Non-Compete Legislative Update” is now available as a podcast and webinar recording.

In Seyfarth’s fourth installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys discussed the significant changes to several laws regarding trade secrets,  restrictive covenants, and social media, as well as proposed legislation pending in other jurisdictions.… Continue Reading

Seyfarth Attorneys Lead Discussion of Proposed EU Trade Secrets Directive at ITech Law World Technology Conference

Posted in International, Trade Secrets

This week, at the ITech Law World Technology Conference in New York, Seyfarth attorney Dan Hart briefed members of the International Technology Law Association’s Intellectual Property Committee about the European Commission’s proposed Directive on trade secret protection.  As we have written, the new Directive, if enacted, will substantially alter the legal landscape in Europe regarding trade secret protection and … Continue Reading

European Commission Proposes Directive for Trade Secrets Protection in EU

Posted in International, Trade Secrets

By Dan P. Hart, Razia Begum, Andrew J. Masak

Later this month, voters in the European Union’s 28 Member States will cast their votes for representatives in the European Parliament.  Regardless of the makeup of the European Parliament following the election, trade secret regulation is one of the many issues that members are likely to take up when … 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

Recent Decision Affirms Significant Protections for Confidential Information in United Kingdom

Posted in International, Practice & Procedure, Trade Secrets

By Ming Henderson and Razia Begum

With the increasing number of disputes and client queries regarding confidential information in the United Kingdom, the recent case of Personnel Hygiene Services Ltd & ors v. Rentokil Initial UK Ltd , EWCA Civ 29, 29 January 2014, serves as a useful reminder of the extensive protection of confidential information. 

The Court of Appeal, … Continue Reading

Chinese Espionage Latest Target: Correction Fluid

Posted in Espionage, International

Spell check features in word processing programs sent correction fluid the way of the buggy whip. Walter Liew and Robert Maegerle, however, saw a $28 million dollar payout to sell the secrets to, among other things, typewriter correction fluid. It is doubtful that they can “white out” the bars of their new prison cells, though.

Liew, a California engineering consultant, … Continue Reading

Trading Secrets – 2013 Year in Review

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

Seyfarth Shaw is pleased to announce the publication of the Trading Secrets 2013 Year in Review. The 2013 Review is a compilation of our significant blog posts from 2013 and is categorized by specific topics such as: Trade Secrets; Computer Fraud and Abuse Act; Non-Competes and Restrictive Covenants; Legislation; International and Social Media. As the specific blog entries, including … Continue Reading

Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2013

Posted in Breach of Fiduciary Duty, Computer Fraud, Computer Fraud and Abuse Act, Cybersecurity, Data Theft, Espionage, International, Legislation, Non-Compete Enforceability, Practice & Procedure, Privacy, Restrictive Covenants, Social Media, Trade Secrets, Unfair Competition

By Robert Milligan and Joshua Salinas

As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all Continue Reading