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Category Archives: Trade Secrets

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Preliminary Injunction Entered After Texas Federal Court Concludes That Ex-Employee “Inevitably” Will Disclose His Former Employer’s Trade Secrets

Posted in Data Theft, Practice & Procedure, Trade Secrets

An employee entered into non-compete and confidentiality agreements with his employer.  Following his resignation from that company, he went to work for a competitor.  His job functions and territory with both employers were similar.  In a suit for violation of the non-compete and confidentiality agreements, a Texas federal court held recently that — absent an injunction — disclosure to his … 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

Trading Secrets Readers: Cast Your Vote in the ABA’s 100 Best Legal Blogs Competition!

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

Voting is open for the American Bar Association’s Annual 100 Best Legal Blogs competition. You helped us get named to the list in 2013, and we hope you will cast your vote today to help keep Seyfarth’s Trading Secrets blog on the ABA’s list for 2014.

Trading Secrets is a resource for employers and legal professionals that provides timely legal … Continue Reading

Seyfarth Offers 2014-2015 Edition of 50 State Desktop Reference: What Employers Need to Know About Non-Compete and Trade Secrets Law

Posted in Non-Compete Enforceability, Trade Secrets

What Employers Need To Know About Non-Compete and Trade Secrets Law

There is no denying that there exists a variety of statutes and case law across the country when it comes to employee non-competition and non-solicitation agreements, as well as the protection of proprietary information. All too often, what is enforceable in one state may be questionable in another and … Continue Reading

$16 Million Awarded By Arbitrator Against 50 Cent in Trade Secret Spat

Posted in Practice & Procedure, Trade Secrets

By Christina F. Jackson

In a case out of Florida involving the rapper known as “50 Cent” an arbitrator found the rapper liable for trade secret misappropriation, among other claims, in the creation of his own line of headphones. The arbitrator awarded, the plaintiff in the case, Sleek Audio, LLC, a little over $11.5 million in damages. Attorney’s fees were … Continue Reading

Texas Federal Court Imposes Ongoing Royalty Rather Than Permanent Injunction Against Alleged Trade Secret Misappropriator

Posted in Practice & Procedure, Trade Secrets

A Texas federal trial court, finding the absence of any legal precedence to award an ongoing royalty in a trade secret misappropriation case, looked to the patent laws to impose an ongoing royalty. As a result, rather than permanently enjoining the misappropriator from continuing, the trial court imposed a royalty, thereby allowing the victim some compensation but allowing the other … 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

Legal 500 Names Seyfarth Shaw as a Finalist for Top Trade Secrets Litigation Department in the U.S.

Posted in Trade Secrets

The 2014 edition of The Legal 500 United States recommends Seyfarth Shaw’s Trade Secrets group as one of the best in the country.

Nationally, our Trade Secrets practice moved up one position from the 2013 rankings to Tier 2. In addition, Legal 500 has launched its first-ever shortlist for U.S. awards, and we are very pleased to report that … Continue Reading

Josh Salinas Explains How Drones Could Pose a Threat to the Protection of Trade Secrets

Posted in Espionage, Privacy, Trade Secrets

The commercial and personal use of drones are becoming increasingly more prevalent. Indeed, there were allegations during the ongoing World Cup that a drone was purportedly used to spy on a team’s practices by an opponent who was looking to gain a competitive advantage. Josh Salinas weighs in on the potential threat drones may pose to the protection of trade … 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

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 Attorney to Present on Protecting Pharmaceutical Trade Secrets at the Chinese Biopharmaceutical Association’s Annual Meeting

Posted in Trade Secrets

This Saturday, June 21, 2014, Seyfarth attorney, Justin K. Beyer, will present at the 19th Annual Chinese Biopharmaceutical Association Conference on Legal Challenges in Trade Secret Protection, at the University of Maryland’s Shady Grove Conference Center.  Through this panel discussion, Mr. Beyer will offer insights into what constitutes a trade secret, trade secrets unique to the pharmaceutical industry, and best … Continue Reading

Enforcing Non-Compete Agreements in the Pharmaceutical Industry

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

Employee mobility in the pharmaceutical industry is a significant concern for employers given the industry’s very significant investment in and reliance upon generating and protecting confidential, proprietary and trade secret information that is used to develop products and create and maintain customer relationships.

Non-competition and customer non-solicitation agreements are one of the primary tools available in most states to protect … 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

Webinar Recap! Barbarians at the Gate: Class Action Avoidance and Mitigation for Data Breach

Posted in Cybersecurity, Data Theft, Trade Secrets

We are pleased to let you know that the webinar “Barbarians at the Gate: Class Action Avoidance and Mitigation for Data Breach” is now available as a podcast and webinar recording.

In Seyfarth’s third installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys took a closer look at avoidance and mitigation techniques for data breaches, including where the … Continue Reading

Employees Strike Back Against Former Employer For Alleged Bogus Claim of Trade Secret Misappropriation

Posted in Practice & Procedure, Trade Secrets

A state court issued a preliminary injunction for alleged trade secret misappropriation, but the enjoined parties successfully used post-injunction discovery to convince the court that the complaint was baseless.  Those parties then filed a federal court lawsuit for abuse of process and other torts.  In Peek v. Whittaker, Case No. 2:13-cv-01188 (W.D. Pa., May 22, 2014), the court held … 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

Employee’s Competition With Former Employer Restricted Despite Absence Of Signed Non-Compete

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

The former employer failed to prove that the parties entered into an effective non-compete agreement, and also failed to prove that the ex-employee had disclosed or had threatened to disclose trade secrets.  But, an Ohio federal judge entered a preliminary injunction forbidding her, until further order, from contacting her former employer’s clients and certain of its prospects.  PharMerica Corp. v. 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

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

Bob Stevens Reflecting On Georgia’s Non-Compete Law at its Third Anniversary

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

Georgia’s restrictive covenant statute turns three years old this week and Seyfarth Shaw partner Bob Stevens offers insight into the significant changes in the law and how Courts are interpreting those changes. The legal changes are not only significant but anecdotal evidence from trial courts reflects that at least some trial courts view the change in law as an almost … Continue Reading

Webinar Recap! Employee Social Networking: Protecting Your Trade Secrets In Social Media

Posted in Trade Secrets

By Scott SchaefersJustin Beyer and Joshua Salinas

We are pleased to let you know that the webinar “Employee Social Networking: Protecting Your Trade Secrets in Social Media” is now available as a podcast and webinar recording.

In Seyfarth’s second installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys addressed the relationship between trade secrets and social … Continue Reading

Not Easy Being Green: Trade Secret Holders May Be Singing the Blues Over Green Chemistry

Posted in Trade Secrets

It isn’t easy to change the mindset of a capitalistic society. Although the science of ecology dates back more than 150 years and has its roots in ancient Greece, society as a whole has only become more environmentally aware in the last 40 some years. It remains a struggle to make people aware that, really, we are not the only … Continue Reading