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

Category Archives: Trade Secrets

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Please Join Us for an In-Person Seyfarth Shaw Briefing: Trade Secret Protection Best Practices

Posted in Data Theft, Restrictive Covenants, Trade Secrets

Who Should Attend:  In-house counsel, IT professionals, HR professionals, Privacy professionals, corporate executives, risk managers, and directors.

When & Where: This program will be held at three different locations.

November 13th at Seyfarth Shaw’s San Francisco Office (lunch and registration will begin at 11:30 a.m., program will begin at noon and go until 1:30 p.m.).

November 18th at Seyfarth Shaw’s … Continue Reading

Customer Non-Solicitation Covenant Runs From Date Employment With Asset Seller Terminated, Not From Later Date Employment With Asset Purchaser Ended

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

An employee executed an employment agreement which included a two-year covenant not to solicit the employer’s customers.  When the employer sold the company’s assets, the sale included that agreement.  The employee then went to work for the assets purchaser but subsequently resigned.  The Texas Appellate Court held that the two-year period began to run on the date the assets seller … Continue Reading

“Bridgegate” Triggers Proposed Expansion of New Jersey Whistleblower Protections

Posted in Practice & Procedure, Restrictive Covenants, Trade Secrets

By Ada W. Dolph, Robert T. Syzba and Jade Wallace

In an effort to preempt another “Bridgegate” scandal, New Jersey State Senator Loretta Weinberg has sponsored a bill to extend whistleblower protection to employees who disclose incidents of wasted public funds, governmental abuse, or gross mismanagement. On October 9, 2014, the New Jersey Senate’s Labor Committee approved Bill S-768, which, … 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

Pythagoras and the Geometry of Intellectual Property: Where Do Trade Secrets Fit In?

Posted in Practice & Procedure, Trade Secrets

Most people stop taking math in high school.  Geometry was often the culprit that either made someone enjoy solving problems involving Greek letters or become completely disinterested.  All those arcs and triangles…how does any of that apply to life as an attorney?

Well, here comes another geometry lesson: the Venn Diagram of intellectual property (IP), once thought to have only … 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

Webinar Recap! Protecting Trade Secrets: The Current Landscape, Top Threats, Best Practices for Assessing and Protecting Trade Secrets, Proposed Legislation and Future Scenarios

Posted in Cybersecurity, Data Theft, Espionage, Trade Secrets

We are pleased to let you know that the webinar “Protecting Trade Secrets: The Current Landscape, Top Threats, Best Practices for Assessing and Protecting Trade Secrets, Proposed Legislation and Future Scenarios” is now available as a podcast and webinar recording.

Robert B. Milligan, partner and co-chair of Seyfarth Shaw’s Trade Secrets, Computer Fraud & Non-Competes practice group, Daniel Continue Reading

High Times in Trade Secrets

Posted in Trade Secrets

(N.B.: Neither the author, this article, nor this blog intends to make, nor makes, any comments for or against the legalization of marijuana in any jurisdiction.)

What happens when you mix animal affection with a political issue? A Constitutional Convention? Tax dollars for pet shelters? Would you believe…trade secret litigation?

People love their pets. There are doggie day spas, specialty … Continue Reading

Security Breach Liability – Its Complicated

Posted in Breach of Fiduciary Duty, Cybersecurity, Data Theft, Trade Secrets

The security breach news cycle continues. There remains a deluge of news stories about point-of-sale terminals being compromised, the ease of magnetic stripes being cloned, and the need for Chip and PIN technology being deployed on credit cards. The legal ramifications of all these events is just starting to become apparent – and it’s complicated. Individual liability is beginning to … Continue Reading

When “The End” Is Not “The End”: Asserting Trade Secret Claims After The Execution of a Mutual Release

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

In many cases, the execution of a mutual release is often the last step in resolving a trade secret or non-compete case.  Typically included in the release is an affirmation that all confidential information has been returned and the once former adversaries promise not to sue one another.  Once the release is executed, the fight is usually over.  Usually, but … Continue Reading

Upcoming Webinar: Protecting Trade Secrets and Recent Trade Secret Legislation Developments Presented By Seyfarth Shaw LLP, CREATe.org and PwC

Posted in Cybersecurity, Data Theft, International, Trade Secrets

From organized crime and “hacktivists” to competitors and rouge employees, the threats to companies’ trade secrets are more pronounced today than ever before.   A recent report by the Center for Responsible Enterprise And Trade (Create.org) and PricewaterhouseCoopers LLP (PwC) —  Economic Impact of Trade Secret Theft: A framework for companies to safeguard trade secrets and mitigate potential threatsContinue Reading

Today’s Connected Employee: A License to Steal

Posted in Data Theft, Espionage, 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 expert Trent Livingston, a Director of iDiscovery Solutions.

By Trent Livingston

Do you recall the early days of the spy movie genre? Many of these movies depicted cloaked secret agents slinking around dark offices snapping pictures … Continue Reading

Upcoming Webinar: How and Why California is Different When it Comes to Trade Secrets and Non-Competes

Posted in Trade Secrets

On Tuesday, October 28, 2014 at 12:00 p.m. Central, Seyfarth attorneys, Robert Milligan, James McNairy and Joshua Salinas, will present the eighth installment in our 2014 Trade Secrets Webinar Series. They will focus on recent legal developments in California trade secret and non-compete law and how it is similar to and diverse from other jurisdictions, including: a discussion of the … Continue Reading

Webinar Recap! Ins and Outs of Prosecuting and Defending Trade Secret Injunction Cases

Posted in Data Theft, Practice & Procedure, Trade Secrets

We are pleased to let you know that the webinar “Ins and Outs of Prosecuting and Defending Trade Secret Injunction Cases” is now available as a podcast and webinar recording.

In Seyfarth’s seventh installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys, Justin K. Beyer, Dawn Mertineit, and James Yu discussed practical steps employers can take to protect … Continue Reading

House Judiciary Committee Considers Federal Trade Secret Legislation

Posted in 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

Upcoming Client Webinar: Ins and Outs of Prosecuting and Defending Trade Secret Injunction Cases

Posted in Trade Secrets

On Tuesday, September 16, 2014 at 12:00 p.m. Central, Seyfarth attorneys, Justin Beyer, Dawn Mertineit and James Yu will present the seventh installment in its series of 2014 Trade Secret Webinars. They will focus on the issues confronting plaintiffs in preparing for and prosecuting trade secret cases as well as the particularities of conducting defensive discovery prior to a trade … 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

Upcoming Webinar: Protecting Trade Secrets Presented By Seyfarth Shaw LLP, CREATe.org and PwC

Posted in Cybersecurity, Data Theft, Trade Secrets

It is not uncommon for companies to find that a company’s crown jewels – trade secrets – are overlooked, taken for granted or not properly protected. In a matter of minutes, these key assets can be lost or compromised through what is often benign neglect. This reality is compounded by outsiders and insiders bent on stealing valuable company assets. Sources … Continue Reading

Trade Secret Mediation: Advice from a Mediator’s Perspective

Posted in Trade Secrets

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry on mediation of trade secret cases by mediator Erica Bristol, Principal of EB Resolution Services.

-Robert Milligan, Editor of Trading Secrets

By Erica Bristol

Trade secret litigation often involves deep levels of distrust, heated emotional exchanges, suspicion and anger … Continue Reading

Webinar Recap! Protecting Confidential Information and Client Relationships in the Financial Services Industry

Posted in Trade Secrets

We are pleased to announce the webinar “Protecting Confidential Information and Client Relationships in the Financial Services Industry” is now available as a podcast and webinar recording.

In Seyfarth’s sixth installment of its 2014 Trade Secrets Webinar series, attorneys Scott Humphrey, Jason Stiehl and Rebecca Woods, focused on trade secret and client relationship considerations in the banking and finance … 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

What You Need to Know About Trade Secrets in India

Posted in International, Trade Secrets

As a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry about trade secrets in India by technology and corporate attorneys Sajai Singh and Soumya Patnaik of J. Sagar Associates in Bengaluru, India. Sajai serves as the President of ITechLaw, a leading technology law organization.  This entry is part two … Continue Reading

There is still time to register! Seyfarth Shaw LLP Webinar: Protecting Confidential Information and Client Relationships in the Financial Services Industry

Posted in Trade Secrets

Don’t forget to come and hear Trade Secret and Industry specialists Scott Humphrey, Jason Stiehl and Rebecca Woods discuss steps Financial Services Companies can take to protect their trade secrets and confidential information.  During this one hour webinar, Seyfarth attorneys will talk about practical steps financial institutions can implement to protect trade secrets and client relationships, what you should do … Continue Reading

Shanghai Courts Provide Additional Relief to Employers for Breach of Non-Compete Agreements

Posted in International, Non-Compete Enforceability, Trade Secrets

Non-compete agreements are widely used by employers in certain industry sectors in China to protect their trade secrets and confidential information.

In China, employers may require the employee to continue to perform the non-compete obligation and pay liquidated damages in accordance with the non-compete agreement after breach occurs.

In the past, however, the following uncertainties could impede the employer from … Continue Reading