Cybersecurity has become a growing concern in the United States. Legislation impacting this topic covers a variety of fields, including national security and defense, trade and international relations, intellectual property, and even privacy and civil liberties. As technology is constantly changing, so too are the types of restrictions in place. A group of prominent American… Continue Reading
Category Archives: Legislation
Subscribe to Legislation RSS FeedVideo Interview: Discussing Social Media Password Laws with LXBN TV
Posted in Legislation, Practice & Procedure, Privacy, Social MediaFollowing up on my recent posts on lawmakers working to implement social media password laws in Oregon, Washington and Vermont, I had the opportunity to speak with Colin O’Keefe of LXBN. In the brief interview, I explain that the laws are very similar to what we’ve seen elsewhere in the country and, like those, that… Continue Reading
Oregon the Latest State to Pass Social Networking Privacy Legislation; Vermont Establishes Committee to Study and Recommend Such Legislation
Posted in Legislation, Privacy, Social MediaOregon’s Social Media Account Protection Act On May 22nd, Oregon enacted its own social networking privacy law, becoming the thirteenth state nationwide to do so. The law aims to protect employee social-networking privacy by prohibiting their employers from requiring access to employees’ accounts. We previously blogged about similar legislation passed in Washington state, Utah, New… Continue Reading
Illinois Passes Social Media Legislation To Regulate Flash Mobs
Posted in Legislation, Social MediaThink flash mobs are innocent fun? Well if you’re in Illinois, proceed with caution. The Illinois legislature recently passed a bill which provides tougher punishments for people whose social media posts result in flash mobs. The bill was recently signed into law by Illinois Governor Pat Quinn. The new law is intended to reduce violent… Continue Reading
Upcoming Complimentary Webinar: Trade Secret and Non-Compete Legislative Update
Posted in Legislation, Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Trade SecretsIn Seyfarth’s sixth installment in its series of 2013 Trade Secret Webinars, on Tuesday, June 25, 2013 at 12:00 p.m. Central Time, Seyfarth attorneys Bob Stevens, Erik Weibust and Dan Hart will discuss the significant statutory changes to several jurisdictions’ laws regarding trade secrets and restrictive covenants and pending legislation proposed in additional jurisdictions over the past year. As… Continue Reading
Washington State Passes Social Networking Privacy Legislation
Posted in Legislation, Practice & Procedure, Privacy, Social MediaOn May 21, 2013, Washington Governor Jay Inslee signed into law Senate Bill 5211, which with certain exceptions prohibits mandatory employee disclosure of ‘personal’ social-networking account information and profiles. The revised bill passed the Washington house and senate unanimously, and will go into effect on July 28, 2013. Washington thus became the ninth state to… Continue Reading
Non-Compete Legislation Proposed in Connecticut
Posted in Legislation, Non-Compete EnforceabilityConnecticut has recently proposed non-compete legislation which could dramatically impact restrictions on employee mobility. The bill, known as “Employer Use of Noncompete Agreements,” is House Bill 6658. The bill recently passed in the Judiciary Committee, and is currently pending before Connecticut’s House of Representatives. As it is written, the bill is intended to apply to all… Continue Reading
New Jersey Assembly Passes Revised Employee Social Media Privacy Bill
Posted in Legislation, Privacy, Social MediaBy Carlos Lopez, Caroline Keller and Chris Lowe The New Jersey General Assembly voted today on a new version of an employee social media privacy bill which incorporates revisions suggested by Governor Chris Christie when he conditionally vetoed the bill on May 6, 2013. The Assembly passed the revised version with an overwhelming vote of… Continue Reading
Texas Adopts the Uniform Trade Secrets Act
Posted in Legislation, Trade SecretsOn May 2, 2013, Texas Governor Rick Perry signed into law the Texas Uniform Trade Secrets Act. The new law adopts a version of the Uniform Trade Secrets Act. The law will take effect on September 1, 2013 and will apply to a misappropriation of trade secrets that takes place on or after that date…. Continue Reading
Utah, New Mexico, and Arkansas Pass Social Media Legislation Restricting Employer Access to Personal Social Media Accounts
Posted in Legislation, Practice & Procedure, Social MediaBy Jessica Mendelson and Robert Milligan Social media legislation restricting access to personal social media accounts has been a hot topic in recent months, and as 2013 progresses, more and more states seem poised to pass such legislation. Here’s a roundup of some of the more recent social media legislation passed in Utah, New Mexico, and Arkansas:… Continue Reading
Employee Data Theft and Corporate Hacking Studies Point to Need for Additional Federal Trade Secrets Legislation
Posted in Computer Fraud and Abuse Act, Data Theft, Espionage, Legislation, Trade SecretsBy Robert Milligan and Jessica Mendelson Today is the deadline for public comments requested by the Obama Adminstration on any proposed changes to federal law to combat trade secret theft. Some legal commentators have proposed several suggested changes to improve America’s trade secrets laws, including creating a federal civil cause of action for trade secrets misappropriation and clarifying that the Economic… Continue Reading
Federal Court Allows Service On Foreign Defendants Through Facebook
Posted in Legislation, Practice & Procedure, Social MediaDid you think Facebook was just for “likes” and “status” updates? Think again! A federal district court in New York recently tackled the issue of service of process via social media head on, permitting service via Facebook as a backup means of service for serving foreign defendants. In the case of Federal Trade Commission v. PCCare247, Inc.,… Continue Reading
Obama Administration’s Request for Public Comment on Trade Secrets Law Underscores Importance for Companies to Protect Their Proprietary Assets Now
Posted in Computer Fraud and Abuse Act, Data Theft, Espionage, Legislation, Trade SecretsTrade secrets and cybersecurity are on the national agenda. Responsible corporate leaders are closely following the issue and must be concerned about the adequacy of their protections and the fallout should there be a breach. “There are only two categories of companies affected by trade secret theft: those that know they’ve been compromised and those… Continue Reading
New Jersey Legislators Propose Banning Non-Compete Agreements With Employees Who Can Claim Unemployment
Posted in Legislation, Non-Compete Enforceability, Restrictive CovenantsBy Jessica Mendelson and Robert Milligan New Jersey state legislators recently proposed A3970, a bill designed to prevent New Jersey businesses from enforcing “non-compete agreements with staffers who can claim unemployment compensation.” The bill, which is sponsored by Assembly members Joseph Egan and Peter Barnes, was recently referred to the state’s Assembly Labor Committee. If the bill… Continue Reading
New Jersey Poised To Adopt New Social Media Legislation
Posted in Legislation, Social MediaWith the passage of A2878 in the New Jersey General Assembly in March, New Jersey is poised to become the eighth state to “pass legislation preventing employers from asking prospective and current employers for passwords to their accounts on social media sites.” The proposed law, which is now being considered by Governor Chris Christie, would become… Continue Reading
Obama Administration Calls for Public Comments on Legislative Changes to Enhance Enforcement Against Trade Secret Theft and Economic Espionage
Posted in Computer Fraud and Abuse Act, Data Theft, Espionage, Legislation, Trade SecretsBy Robert Milligan and Joshua Salinas Last week, the Office of the U.S. Intellectual Property Enforcement Coordinator published a Notice in the Federal Register soliciting public comments for an Administration legislative review related to economic espionage and trade secret theft. The request specifically seeks written submissions from the public regarding “any recommendations for legislative changes that… Continue Reading
Illinois Legislator Proposes Unique Employment Noncompete Agreement Act
Posted in Legislation, Non-Compete Enforceability, Restrictive CovenantsRep. Thomas Morrison, a Republican member of the Democratic-controlled Illinois General Assembly, has introduced HB 2782 (98th G.A.) – the “Employment Noncompete Agreement Act.” The bill would create a new Illinois statute, not simply an amendment to an existing one, that differs markedly from every current state non-compete statute. Rep. Morrison introduced the identical bill… Continue Reading
Seyfarth Attorney Meets With IP Leaders In Washington, D.C.
Posted in Computer Fraud and Abuse Act, Data Theft, Legislation, Trade SecretsI will be part of the State Bar of California Intellectual Property Section’s annual Washington D.C. delegation this week. Our delegation is scheduled to meet with leaders of the Patent and Trademark office, Copyright Office, International Trade Commission, and the House Judiciary. We are also planning on meeting with IP Czar Victoria Espinel, Representative Zoe… Continue Reading
Massachusetts Governor Weighs In On Non-Compete Reform Debate
Posted in Legislation, Non-Compete EnforceabilityAt the annual meeting of the Massachusetts Technology Leadership Council on March 12, Massachusetts Governor Deval Patrick reportedly described arguments in favor of eliminating the state’s longstanding approval of non-compete clauses as “compelling,” while stopping short of endorsing those efforts. During a question-and-answer session at the conference, Branko Gerovac, chief strategy officer at search engine optimization… Continue Reading
California Style Non-Compete Legislation Introduced In Minnesota
Posted in Legislation, Non-Compete EnforceabilityNew proposed legislation introduced in the Minnesota House of Representatives would invalidate effectively all employee non-compete agreements if passed. On February 11, 2013, Democratic-Farmer-Labor party members Joe Atkins and Alice Hausman introduced H.F. No. 506. The bill was read and referred to the Committee on Labor, Workplace and Regulated Industries, a committee chaired by Rep. Sheldon… Continue Reading
Texas Considers Adopting the Uniform Trade Secrets Act
Posted in Legislation, Trade SecretsTexas, New York, North Carolina, and Massachusetts are the only states that do not subscribe to some version of the Uniform Trade Secrets Act (“UTSA”). Common law presently governs misappropriation of trade secrets lawsuits in Texas. Legislation was recently proposed that, if enacted, would adopt a version of the UTSA for the State of Texas. The common… Continue Reading
United States Announces Multifaceted Plan To Combat Trade Secret Theft At Home And Abroad
Posted in Data Theft, Espionage, Legislation, Trade SecretsBy Jessica Mendelson and Robert Milligan On Wednesday February 20, 2013, the White House released a five-point plan (“the Plan”) intended to combat trade secret theft of American trade secrets. The plan is a collaboration between various federal agencies, including the Departments of Commerce, Defense, Homeland Security, Justice, State, Treasury, the Office of the Director of… Continue Reading
Is Massachusetts Next to Adopt the Uniform Trade Secrets Act?
Posted in Legislation, Trade SecretsWill Massachusetts join 46 states, District of Columbia, Puerto Rico, and the U.S. Virgin Islands in adopting the Uniform Trade Secrets Act (the “UTSA”)? In January 2013, the Massachusetts Legislature proposed House Bill No. 27: An Act Making Uniform the Law Regarding Trade Secrets. The bill seeks to repeal Sections 42 and 42A of chapter 93 of… Continue Reading
President Obama Signs Significant Cybersecurity Executive Order
Posted in Data Theft, Espionage, LegislationBy Misty Blair and Ken Wilton Cybersecurity is at the forefront of the public and private sectors alike, as daily news reports warn of cyberattacks on American institutions such as media, banks, and governmental agencies. It is in this spirit that, just Tuesday, President Obama signed the long-awaited Executive Order on “Improving Critical Infrastructure Cybersecurity”… Continue Reading