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