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Category Archives: Legislation

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USPTO To Host Trade Secret Symposium

Posted in Legislation, Trade Secrets

The U.S. Department of Commerce’s Patent and Trademark Office (USPTO) will host its first Trade Secret Symposium on Thursday, January 8, 2015, at USPTO Headquarters in Alexandria, Virginia. The symposium will provide an opportunity for members of the public to hear from representatives of academia, government, legal practice and industry on important trade secret issues facing innovators today.

The panels … 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

House Judiciary Committee to Consider Federal Trade Secret Legislation

Posted in Legislation, Trade Secrets

With increased activity regarding proposed federal trade secret legislation expected this month and for the remainder of the fall Congressional session, Seyfarth Shaw’s dedicated Trade Secrets group has created a resource page on its Trading Secrets blog which summarizes the proposed legislation, outlines the arguments in favor of and against the legislation, and provides additional legislation resources for our readers’ … Continue Reading

ABA Annual Meeting Recap: Latest Developments in Trade Secret and Non-Compete Law

Posted in Legislation, Trade Secrets

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry summarizing a recent presentation at the ABA Annual Meeting in Boston, Massachusetts on the Latest Developments in Trade Secret and Non-Compete Law by ABA Law Student Reporter Melissa Lauretti, a law student at the University of Connecticut.

-Robert Milligan, … Continue Reading

Massachusetts Governor Makes Last Ditch Effort to Pass Non-Compete Legislation Before His Term Ends

Posted in Legislation, Non-Compete Enforceability

As you may recall, we recently reported that Massachusetts legislators’ attempts to pass a bill altering the landscape of non-compete enforceability (including Governor Deval Patrick’s bold push to ban non-compete agreements altogether) failed yet again.  As has become a nearly perennial event in the Commonwealth, efforts to push legislation through by the close of the session were frenzied, but ultimately … Continue Reading

Push for Federal Trade Secret Legislation Gaining Momentum

Posted in Legislation, Trade Secrets

Federal legislators introduced bills this year to create a civil cause of action for private litigants in federal court for trade secret misappropriation.

With the most recent bill introduced in the House by a bi-partisan coalition in late July, there appears to be surging momentum for the passage of federal trade secrets legislation this fall, particularly with several leading companies … 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

Seyfarth Attorneys Present on Latest Developments in Trade Secrets and Non-Compete Law At ABA Annual Meeting

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

Seyfarth partners Robert Milligan and Kate Perrelli will lead a CLE program for the ABA IPCentral Conference during the ABA’s Annual Meeting in Boston on August 7th.

They are scheduled to be joined by in-house counsel Pamela Davidson from U.S. Foods, Karen Tompkins from Stryker, Lisa Seilheimer from CDW, and Jerry Cohen from Burns & Levinson LLP.

The panel will … Continue Reading

No Massachusetts Non-Compete or Trade Secret Legislation This Year

Posted in Legislation, Non-Compete Enforceability, Trade Secrets

Although, as we have previously reported, the Massachusetts legislature arguably got closer to enacting a non-compete statute this year than ever before ─ which, if Governor Deval Patrick had his druthers, would have banned them outright ─ there will be no new legislation this year according to our sources.   The legislative session ends today.

As we last reported, … Continue Reading

On the Eve of The Esplanade July 4th Fireworks Celebration – Massachusetts May Not Blow Up Non-Competes After All – A Compromise is in the Air

Posted in Legislation, Non-Compete Enforceability, Trade Secrets

There are signs that the debate over whether to ban non-competes may end in a compromise, a result many, including this blog, have predicted.

As we reported in Friday’s post, the Joint Committee on Economic Development and Emerging Technologies held a public hearing yesterday at the Statehouse on HB4802, which would adopt the Uniform Trade Secrets Act (“UTSA”), … Continue Reading

Another Public Hearing Scheduled for Massachusetts Non-Compete Bill: What’s Next?

Posted in Legislation, Non-Compete Enforceability, Trade Secrets

We reported in our post of June 11th that Governor Patrick had introduced a sweeping economic growth bill (HB4045) — that, if passed, would ban employee non-competes in the Commonwealth. We also explained that subsequent to Governor Patrick’s bill, another bill (HB4082), was introduced that stripped Governor’s Patrick’s bill and left only those portions dealing with trade secrets … Continue Reading

Inching Closer to California: An Update on Massachusetts Non-Compete Legislation

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

As we have previously reported, in April of this year, Massachusetts Governor Deval Patrick introduced a sweeping economic growth bill (HB4045) that, if passed, would ban employee non-competes in the Commonwealth.  The bill has taken a somewhat convoluted path to date, and we wanted to update you on some notable twists and turns.

First, in mid-May, yet another bill … Continue Reading

Upcoming Webinar: Trade Secret and Non-Compete Legislative Update

Posted in Legislation, Non-Compete Enforceability, Social Media, Trade Secrets

On Tuesday, June 17, 2014 at 12:00 p.m. central, in Seyfarth’s fourth installment of our 2014 Trade Secrets Webinar Series, Seyfarth attorneys Kate Perrelli, Dawn Mertineit and Daniel 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 trade secrets … Continue Reading

Robert Milligan Explaining the Defend Trade Secrets Act of 2014

Posted in Legislation, Trade Secrets

As we discussed on the blog not too long ago, a significant new bill was recently introduced in Congress seeking to add a federal civil cause of action for trade secret theft.  In a bipartisan effort, Senators Christopher Coons (D-Del) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the bill in late April 2014. On May … Continue Reading

Big Changes May Be Ahead for the Nation’s Trade Secret Laws

Posted in Data Theft, Espionage, Legislation, Trade Secrets

By Robert Milligan and Joshua Salinas

A significant new bill was recently introduced in Congress seeking to add a federal civil cause of action for trade secret theft. 

On Tuesday, April 29, 2014, in a bipartisan effort, Senators Christopher Coons (D-Del) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the bill.

Senators Coons and Hatch’s bill, … Continue Reading

Talking About Big Data: A Framework

Posted in Legislation, Privacy, Trade Secrets

Cross Posted from Global Privacy Watch

The White House released a set of reports this month on Big Data and the privacy implications of Big Data. While a number of folks have been discussing the President’s Council of Advisors on Science & Technology (“PCAST”) report, I would offer that the Office of Science and Technology Policy (“OSTP”) report needs … Continue Reading

Massachusetts Moves to Ban Non-Competes – Dawn Mertineit Explains What Employers Should Do Now

Posted in Legislation, Non-Compete Enforceability, Trade Secrets

As we discussed on the blog not too long ago, Massachusetts Governor Deval Patrick recently introduced legislation that would eliminate virtually all employee non-compete agreements, with a few minor exceptions.  On April 23, Dawn Mertineit spoke with LexBlog’s Colin O’Keefe in a live online interview to discuss what this proposed legislation could mean for employers with Massachusetts operations.  Specifically, Dawn … Continue Reading

Massachusetts Governor Proposes Sweeping Legislation Banning Non-Compete Agreements

Posted in Legislation, Non-Compete Enforceability, Trade Secrets

By Katherine E. Perrelli, Dawn Mertineit and Erik W. Weibust

Last week, Massachusetts Governor Deval Patrick proposed sweeping legislation that would eliminate employee non-compete agreements in Massachusetts.  While it remains to be seen whether this bill will actually become law, employers should be aware of the potential implications of this far-reaching bill, and should implement steps sooner rather than … Continue Reading

Scott Schaefers Discussing Employee Social Media Privacy – How Employers Can Strike the Necessary Balance

Posted in Legislation, Privacy, Social Media, Trade Secrets

On April 16th, Scott Schaefers spoke with LexBlog’s Colin O’Keefe in a live online interview about what employers need to know about the social networking privacy legislation passed by thirteen states in the last two years.  Scott discussed Seyfarth’s soon-to-be-published survey of that legislation, as well as some ideas of what employers can do to protect its proprietary assets.  Those … Continue Reading

Update: Massachusetts Governor Proposes Sweeping Legislation Banning Non-Compete Agreements

Posted in Legislation, Non-Compete Enforceability, Trade Secrets

By Katherine Perrelli, Dawn Mertineit, and Erik Weibust

As we reported last week, Massachusetts Governor Deval Patrick has proposed sweeping legislation that would eliminate employee non-compete agreements in Massachusetts.  Now that we have had an opportunity to review the Governor’s bill, entitled “An Act to Promote Growth and Opportunity” (HB4045), we wanted to report back on its … Continue Reading

Breaking News: Massachusetts Governor Deval Patrick to Propose Legislation Eliminating Non-Compete Agreements in Certain Industries

Posted in Legislation, Non-Compete Enforceability, Trade Secrets

By Dawn Mertineit and Erik Weibust

The Boston Globe reported this morning that Massachusetts Governor Deval Patrick will propose legislation today that would eliminate non-compete agreements in technology, life sciences, and “other industries,” with his secretary of Housing and Economic Development, Greg Bialecki, stating that the administration “feel[s] like noncompetes are a barrier to innovation in Massachusetts.”  No word just … 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