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

Category Archives: Privacy

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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 …

Breakfast Briefing: Protecting Your Most Valuable Assets — Trade Secrets, IP and Your Employees

Posted in Practice & Procedure, Privacy, Restrictive Covenants, Trade Secrets

Significant recent developments in Illinois and other states, as well as Congress, have changed the landscape of trade secret and restrictive covenant enforcement and protection. Understanding the impact of these changes, and the tools now available to employers for trade secret and restrictive covenant enforcement and protection, will help a company safeguard its most valuable assets and maintain its competitive …

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, …

Big Data and IP Business Strategy

Posted in Computer Fraud, Cybersecurity, Data Theft, Privacy, Social Media

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry about the big data and IP business strategy by technology lawyer and IP strategist Joren De Wachter. Joren serves as a Co Chair with me on the ITechLaw Intellectual Property Law Committee and has an excellent blog of his …

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

2013 Trade Secrets Webinar Series – Year in Review

Posted in Computer Fraud and Abuse Act, Cybersecurity, International, Legislation, Non-Compete Enforceability, Practice & Procedure, Privacy, Restrictive Covenants, Social Media, Trade Secrets

Throughout 2013, 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 twelve webinars:

1. 2012 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets,

A Whale of A Trade Secret. . . Or Not?

Posted in Privacy, Trade Secrets

Last month, the Occupational Safety and Health Review Commission (“OSHRC”) refused to release SeaWorld’s new safety protocols for trainers interacting with killer whales, despite a recent court ruling that such protocols do not qualify for trade secret protection. The new protocols include new safety measures taken by SeaWorld in the wake of the death of trainer Dawn Brancheau, who was …

Obama Administration Releases Draft Voluntary Cybersecurity Framework for U.S. Business

Posted in Cybersecurity, Data Theft, Privacy

The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released its draft of a voluntary cybersecurity framework last Tuesday that provides a means to better evaluate cyber risk, and prepare better defenses against ever-increasing online attacks. 

NIST’s “Preliminary Cybersecurity Framework”, to be finalized in February 2014 after a period for public comment, originated with Executive Order …

Neglect of Cloud Computing Policies In Workplace Can Provide Perfect Storm for Trade Secret Theft

Posted in Cybersecurity, Data Theft, Privacy, Trade Secrets

By Robert Milligan, Jessica Mendelson, and Joshua Salinas

Prudent employers are often looking for areas in their business where valuable company data  may not be adequately protected.

Enter the growing prevalence of third party online data storage for professional and personal use in the workplace, coupled with the increasing accessibility provided by employers to access company data remotely. …

Computer Fraud And Abuse Act Violated By Bundling Facebook And Other Social Networking Accounts Without Authorization

Posted in Computer Fraud and Abuse Act, Practice & Procedure, Privacy, Social Media

A California federal court recently issued a substantial monetary award in favor of Facebook and permanent injunction against a website that enabled its users to aggregate their data in social networking sites and messaging services.

Summary of the case.  Power Ventures, Inc. (PVI) operates a website called power.com which integrates multiple social networking accounts.  In late 2008, PVI began permitting …

District Court of New Jersey Continues Growing National Trend Permitting Employers to View “Publicly” Available Social Media Posts

Posted in Practice & Procedure, Privacy, Social Media

Following a growing recent national trend, Judge Martini of the District Court of New Jersey issued summary judgment to Defendants Monmouth-Ocean Hospital Service Corporation (“MONOC”) and two of its senior management employees on August 20, 2013, in a claim brought by a former nurse and EMT, Deborah Ehling, who accused MONOC of retaliation and other claims. 

Ehling’s claims, in part, …

California Legislature Passes Bill To Extend Social Media Privacy Laws To Public Employers

Posted in Legislation, Privacy, Social Media, Trade Secrets

Big Brother can’t ask for access to your “personal” social media accounts in the public hiring and employment setting except in certain narrow circumstances if Governor Jerry Brown signs a new social media privacy bill recently passed by the California legislature.

The California Senate passed a bill to extend California’s social media privacy law to public employers last week.

The …

Nevada District Court Finds No Reasonable Expectation of Privacy in Private Twitter Posts

Posted in Privacy, Social Media

In dismissing a claim for violation of Fourth Amendment rights, the United States District Court for the District of Nevada in Rosario v. Clark County School District, No. 2:13-CV-362, 2013 U.S. Dist. LEXIS 93963 (Nev. Jul. 3, 2013) recently became the latest court to hold there is no reasonable expectation of privacy in Twitter tweets.

This case arises out …

Upcoming Complimentary Webinar: The Big Data Revolution – How Big Data Impacts Trade Secret, Computer Fraud and Privacy Law

Posted in Practice & Procedure, Privacy, Trade Secrets

On Wednesday, July 24, 2013 at 12:00 p.m. Central time, Seyfarth attorneys Robert Milligan, John Tomaszewski, and Joshua Salinas, along with Anthony Wong, a renowned IP and IT expert from AGW Consulting in Australia, will present the seventh installment in Seyfarth’s 2013 Trade Secrets webinar series. They will discuss how the Big Data Revolution has created a new age …

Nevada and Colorado Pass Employee Social Networking Privacy Laws

Posted in Privacy, Social Media

Nevada and Colorado recently passed employee social networking privacy laws. Both laws prohibit employers from requiring disclosure of employees’ or applicants’ personal social-networking account login information, and from retaliating against them for refusing to provide that information.  But one or both of these statutes are somewhat different from other states’ social networking laws in that:

The Colorado law …does not

Video Interview: Discussing Social Media Password Laws with LXBN TV

Posted in Legislation, Practice & Procedure, Privacy, Social Media

Following 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 there are loopholes employers …

Mobile Device Forensics – Are You in the Know?

Posted in Computer Fraud, Cybersecurity, Data Theft, Practice & Procedure, Privacy, Social Media, Trade Secrets

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog post by digital forensics experts James Whitehead and Arnold Garcia with iDiscovery Solutions. -Editor Robert Milligan  

By James Whitehead and Arnold Garcia

Smartphones, tablets and other “Smart” mobile devices are becoming a mainstay within the corporate landscape. Today’s mobile devices …

Washington State Passes Social Networking Privacy Legislation

Posted in Legislation, Practice & Procedure, Privacy, Social Media

On 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 pass such legislation, which …

New Jersey Assembly Passes Revised Employee Social Media Privacy Bill

Posted in Legislation, Privacy, Social Media

By 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 74-0. The bill is …

Seyfarth Attorneys to Present at 2013 ITechLaw World Technology Law Conference & Annual Meeting

Posted in Privacy, Trade Secrets

On Thursday, May 2, 2013, Seyfarth partner Robert Milligan will participate in a panel at this year’s ITechLaw World Technology Law Conference & Annual Meeting to discuss the hot new field of “Big Data” and the incumbent privacy issues.

Big Data involves the management and analysis of increasingly large and complex amounts of data. The rapidly accumulating and torrential amount …