By any measure, the past few weeks have been eventful in Europe. Given the number of challenges facing European lawmakers — from continued hostilities in Ukraine, to last-minute negotiations over Greek debt, to anti-terrorism measures — it’s unlikely that trade secrets protection is at the top of anyone’s agenda in Brussels or Strasbourg. Still — as we have … Continue Reading
On Tuesday, March 10th at 12:00 p.m. central, in the second installment of our 2015 Trade Secret Webinars, Seyfarth attorneys Scott Humphrey, Jason Stiehl and James Yu will focus on trade secret and client relationship considerations in the banking and finance industry, with a particular focus on a firm’s relationship with its FINRA members. Topics will include:Practical steps financial… Continue Reading
The 2014 Year in Review is a compilation of our significant blog posts from throughout last year and is categorized by specific topics such as: Trade Secrets Legislation; Trade Secrets; Computer Fraud and Abuse Act; Non-Compete & Restrictive Covenants; Legislation; International; and Social Media and Privacy. As demonstrated by specific blog entries, including our Top 10 Developments/Headlines and Trade Secrets, … Continue Reading
A recent decision by the Georgia Court of Appeals, Holland Ins. Group, LLC v. Senior Life Ins. Co., 766 S.E.2d 187 (Nov. 20, 2014), includes several excellent reminders regarding the enforceability (and unenforceability) of restrictive covenants in Georgia.
Relevant Facts and Holding
William Holland and Senior Life Insurance Company entered into an agreement (“Agreement”) authorizing Holland to sell Senior Life’s … Continue Reading
Courts are divided on the enforceability by an assignee of a non-compete covenant relating to personal services where the covenant does not state whether it is assignable and the employee does not consent to the assignment.
Status of the case. A non-compete agreement signed by an employee of TSG, Inc., purported to be effective for two years after his termination … Continue Reading
On Tuesday, January 27, 2015 at 12:00 p.m. Central, Michael Wexler, Robert Milligan and Daniel Hart will present the first installment of the 2015 Trade Secrets Webinar series. They will review noteworthy cases and other legal developments from across the nation this past year in the areas of trade secrets and data theft, non-compete enforceability, computer fraud, as well as … Continue Reading
The Federal Circuit recently held that the dismissal of a trade secrets complaint for failure to state a justiciable claim was not warranted merely because the misconduct allegedly involved a number of wrongdoers and began many years before the complaint was filed.
Overview of the case. ABB alleged that, during a several decade period, some of its former employees engaged … Continue Reading
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 2014. Please join us for our complimentary webinar on January 27, 2015, at 1:00 p.m. e.s.t., where we will discuss them in greater detail. As with all of our other webinars (including the … Continue Reading
On December 4th and 5th, nearly 100 trade secret, non-compete, and economic espionage practitioners convened at the Intel Global Headquarters in Santa Clara, California for the annual American Intellectual Property Law Association Trade Secret Law Summit. Two Seyfarth attorneys, Erik Weibust and Daniel Hart, presented a paper co-authored with Andrew Masak and Robyn Marsh, titled “Lawyer Mobility and Trade Secrets … Continue Reading
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
The nineteenth century English jurist Lord Ellenborough once observed that “it is difficult to struggle with the common law.” Kerr v. Willan, 171 Eng. Rep 570 (K.B. 1817). Nearly two centuries later, struggling with the common law is still a formidable task – especially in cases involving claims of trade secrets misappropriation under the Uniform Trade Secrets Act (“UTSA”).… Continue Reading
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
In Seyfarth’s ninth installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys focused on considerations involving protecting trade secrets and intellectual property in business transactions, including, mergers and acquisitions, joint ventures and other … Continue Reading
Other than to protect good will or trade secrets, a non-compete provision intended to prevent a former employee from acquiring an interest in, or becoming an officer or director of, a competitor of the ex-employer may not be enforceable.
Summary of the case: A stand-alone agreement executed by employee-participants vested in their employer’s profit-sharing plan contained an unusual non-compete provision. … Continue Reading
Employers, although contractually free to terminate the employment of at-will employees for any reason, at any time, cannot dismiss an employee in violation of public policy. A prime California public policy is that employers cannot retaliate against whistleblowers—individuals who have reported suspected unlawful employer conduct. In January 2014, the Legislature expanded the general whistleblowing statute, Labor Code section 1102.5, to … Continue Reading
In TNS Media Research, LLC v. TiVo Research & Analytics, Inc., 2014 U.S. Dist. LEXIS 155914 (S.D.N.Y. Nov. 4, 2014), the Southern District of New York applied the Supreme Court’s recent Octane Fitness decision in awarding attorney fees to patent defendant Kantar. Octane Fitness v. ICON Health & Fitness 134 S. Ct. 1749 (2014); http://www.seyfarth.com/publications/OMM050114-IP.
The district court also … Continue Reading
Los Angeles trade secrets partner Robert Milligan co-edited and co-authored a chapter in the recently released Third Edition of Trade Secret Protection and Litigation in California, a treatise published by the Intellectual Property Section of the State Bar of … Continue Reading
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
The protection of trade secrets … Continue Reading
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
At some point in his or her legal education, every law student discovers one of the more strikingly unique rules about the profession that he or she aspires to enter. Unlike laws governing physicians, accountants, engineers, and virtually all other professions, rules governing the practice of law impose a nearly absolute prohibition on lawyer non-compete agreements. At the same time, … Continue Reading
This concept was evidenced by a recent case out of Texas. Bianco, M.D. v. Globus Medical, Inc., 2:12 CV 147 (E.D. TX 10/27/14).
Dr. Bianco had an idea for a continuously adjustable spinal implant, which would fit between … Continue Reading
On Tuesday, December 2, 2014 at 12:00 p.m. Central, in the final installment of our 2014 Trade Secrets Webinar Series, Seyfarth attorneys Michael Baniak, Joseph Lanser and Randy Bruchmiller will focus on considerations involving protecting trade secrets and intellectual property in business transactions, including, mergers and acquisitions, joint ventures and other collaborative arrangements.
Summary of topics:How to properly address… Continue Reading
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
In Seyfarth’s eighth installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys focused on recent legal developments in California trade secret and non-compete law and how it is … Continue Reading