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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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Seyfarth Shaw is pleased to announce the publication of the Trading Secrets 2015 Year in Review!

Posted in Trade Secrets

The 2015 Trading Secrets 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; Computer Fraud and Abuse Act; Non-Compete & Restrictive Covenants; Legislation; International; and Social Media and Privacy. As demonstrated by our specific blog entries, including our Top 10 Developments/Headlines, Trade Secrets, Continue Reading

Senate Judiciary Committee Votes in Favor of Passage of an Amended Defend Trade Secrets Act

Posted in Legislation, Trade Secrets

Earlier today, the Senate Judiciary Committee held a voice vote in favor of the passage of the now amended Defend Trade Secrets Act of 2016 (“DTSA”). At this point, the Committee has not yet revealed when the current version of the DTSA will make it to a floor vote, nor has it been announced when and if the House will … Continue Reading

EU Publishes Text of Compromise Trade Secrets Directive for Approval by European Parliament

Posted in International, Legislation, Trade Secrets

As we reported last month in this blog, in December the European Council and representatives of the European Parliament reached a “provisional agreement” on the European Commission’s proposed Directive to protect trade secrets.  With this provisional agreement, the Council and representatives of the European Parliament agreed on compromise language to be submitted to the Parliament for approval, thus clearing … Continue Reading

Senate Judiciary Committee to Hold Meeting About Passage of the DTSA

Posted in Trade Secrets

This morning in Washington, the Senate Judiciary Committee will hold a meeting to consider S. 1890, the Defend Trade Secrets Act of 2015 (“DTSA”).  The passage of the DTSA would provide a federal civil cause of action for the theft of trade secrets.  Trade secret law currently consists of a mix of federal protection through the Economic Espionage Act (“EEA”) … Continue Reading

Oil-And-Gas Services Companies Argue Over Trial Court’s Authority to Exclude Corporate Representatives Under New Texas Trade Secret Law

Posted in Trade Secrets

On January 13, before the Texas Supreme Court, two major oil-and-gas-services companies disputed whether Texas’s new trade secret laws require a trial court to exclude a party’s corporate representative from a hearing at which trade-secret testimony from the opposing party is given.

Jeff Russo is a former employee of M-I SWACO, a Schlumberger subsidiary, who left to work for National … Continue Reading

Charities Take Note: Ninth Circuit Reaffirms CA Attorney General’s Entitlement to Sensitive Donor List

Posted in Practice & Procedure, Trade Secrets
With an apparent thumbs up from the U.S. Supreme Court, the Ninth Circuit Court of Appeals[1] once again upheld the position of the California Attorney General (AG) requiring that charities located or operating in California must provide a copy of their unredacted Form 990 Schedule B, including the names, addresses and contribution amounts for all donors listed.[2]  While… Continue Reading

Q&A Concerning IP Protection and Social Media Issues in the Workplace

Posted in Social Media, Trade Secrets

The explosion of digital and social media enables companies to work more efficiently and to easily and creatively promote their products and services to large audiences across the globe. Modern technological developments in the workplace, however, come with modern issues – one such challenge for companies is protecting intellectual property (IP) and confidential information in today’s dynamic, digital and mobile … Continue Reading

Upcoming Webinar: 2015 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete and Computer Fraud Law

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

On Friday, January 29, 2016 at 12:00 p.m. Central, Seyfarth attorneys Michael Wexler, Robert Milligan and Joshua Salinas will present the first installment of the 2016 Trade Secrets Webinar series. The presenters 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-competes and other restrictive … Continue Reading

Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2015

Posted in Computer Fraud and Abuse Act, Legislation, Non-Compete Enforceability, Trade Secrets

Continuing our tradition of presenting annually our thoughts concerning the top 10 developments/headlines this past year in trade secret, computer fraud, and non-compete law, here—in no particular order—is our listing for 2015 and a few predictions for 2016.  Please join us for our first webinar of the New Year on January 29, 2016 discussing these developments/headlines.

1) Enactment of federal … Continue Reading

Seyfarth Shaw is Pleased to Sponsor the State Bar of California’s Intellectual Property Protection and Social Media Issues in the Workplace Program

Posted in Social Media, Trade Secrets

The workplace is often the laboratory where creative ideas are hatched and innovative products are launched. While striving to create environments where innovation and creativity thrive, successful companies must also ensure that appropriate safeguards and agreements are in place to protect intellectual property. Employers also face challenges in navigating fair trade practices and employee privacy rights while capitalizing on the … Continue Reading

Restraint Payments in Australia – Compliance Issues

Posted in International, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

In the latest of our series of post-employment protection blog posts, we consider the compliance and regulatory issues that need to be thought through when drafting an effective post-employment restraint in Australia.

How will any restraint payment be structured?

The threshold question is what kind of payment (if any) to make in return for the agreement of an employee not … Continue Reading

Drafting and Litigating Post-Employment Restrictive Covenants in Australia – Tailoring Your Restraint to Ensure the Right Fit

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

By Michael Tamvakologos and Justine Giuliani

We will now look at the different types of post-employment restrictive covenants, and work through a checklist of questions employers should ask themselves when drafting a restraint to make sure it’s the right fit.

A good restraint is not about creating the ultimate “catch all” provision. Rather, it requires a series of good choices … Continue Reading

Proposed EU Trade Secrets Directive Crosses Another Hurdle with “Provisional Agreement” Between Council and Parliament

Posted in International, Trade Secrets

As regular readers of this blog will note, we have been tracking progress of the European Commission’s proposed Directive to protect trade secrets as it has made its way through the European Union’s complicated legislative process over the past several years. Last week, the proposed Directive crossed yet one more procedural hurdle with a “provisional agreement” on the Directive reached … Continue Reading

Leveraging Employment Restraints to Protect Business Assets

Posted in Practice & Procedure, Restrictive Covenants, Trade Secrets

When a key employee subject to an employment restraint leaves a business to join a competitor, fast decisions need to be made to protect client goodwill or guard against misuse of confidential information.

The more leverage an employer has against the former employee and his or her new employer, the better the prospects of negotiating a sensible solution quickly or, … Continue Reading

Best Practices Shared in Seyfarth Shaw’s 2015 Trade Secrets Webinar Series Year in Review

Posted in International, Legislation, Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Social Media, Trade Secrets

Throughout 2015, Seyfarth Shaw’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 nine webinars:

2014 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete and Computer… Continue Reading

What does the Trans Pacific Partnership mean for IP in Australia?

Posted in Cybersecurity, Data Theft, International, Trade Secrets

The Trans Pacific Partnership Agreement (“TPP) between twelve Pacific Rim counties, including Australia and the United States, was finally made public on 5 November.

The text of the Agreement will now be reviewed by various parliamentary committees before Parliament votes on legislation to implement the Agreement in Australia, likely to be in February or March next year. If the implementing … Continue Reading

Non-Disclosure Agreement Enforceable Although Unlimited In Time And Area

Posted in Restrictive Covenants, Trade Secrets

A salesman for a medical device manufacturer signed a confidentiality covenant at the time he was hired.  A dozen years later, he resigned and went to work for a competitor.  The former employer sued him in an Ohio federal court.  Because the covenant had neither temporal nor geographic limitations, the trial court invalidated the covenant and dismissed the breach of … Continue Reading

Australia Non-Compete Update: the Difference Between Winning and Losing Restraint Litigation is Often Good Housekeeping

Posted in International, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

By Michael Tamvakologos and Justine Giuliani

An enforceable restraint of trade can be a key business asset. Or some might think about it as an insurance policy. The capacity to preserve customer connections, protect confidential information and discourage key executives from setting up their own business or moving to a competitor can be critical to information rich businesses operating in … Continue Reading

Untrusted Advisor: How Your Law Firm May Fail to Protect Your Data

Posted in Cybersecurity, Data Theft, Trade Secrets

In recent years, the prevalence of data and information security breaches at major corporations have become increasingly more commonplace.  While general awareness may be increasing, many companies are still neglecting to address serious information security issues.

Breached data can include proprietary or confidential information, trade secrets, personally identifiable information, health-related data, privileged communications, and regulatory data.  Such data is often … Continue Reading

Update on the Senate Judiciary Committee’s Hearing on the Protection of Trade Secrets

Posted in Legislation, Trade Secrets

Earlier today, the Senate Judiciary Committee held a hearing regarding the protection of trade secrets through the creation of a federal civil cause of action, which would allow trade secret victims to sue for trade secret misappropriation in federal court.

Senator Chuck Grassley opened the hearing, outlining the importance of protecting the “lesser known but increasingly important form of intellectual … Continue Reading

U.S. Senate To Hold Hearing On Impact of Trade Secret Theft

Posted in Legislation, Trade Secrets

Tomorrow at 10:00 a.m. EST, the United States Senate Judiciary Committee will hold a hearing concerning trade secret theft entitled “Protecting Trade Secrets: The Impact of Trade Secret Theft on American Competitiveness and Potential Solutions to Remedy This Harm.”

The hearing will feature some of the key supporters of the bill known as the Defend Trade Secrets Act (DTSA).  The … Continue Reading

Webinar Recap! Enforcing Non-Compete Provisions in Franchise Agreements

Posted in Non-Compete Enforceability, Trade Secrets

Happy Thanksgiving. As a thank you to our valued readers, we are pleased to announce the webinar “Enforcing Non-Compete Provisions in Franchise Agreements” is now available as a podcast and webinar recording.

In Seyfarth’s ninth and final installment in its series of Trade Secrets Webinars,  Seyfarth attorneys John Skelton, Erik Weibust and Anne Dunne focused on how to implement … Continue Reading

LexBlog Ranks Seyfarth Shaw’s Trading Secrets Blog

Posted in Trade Secrets

LexBlog recently published their 2015 edition of Am Law 200 Blog Benchmark Report and ranked Seyfarth Shaw’s Trading Secrets the #2 Intellectual Property Blog and Top 30 Am Law 200 Blog for the year.

LexBlog’s research team studied each Am Law 200 firm’s individual web presence and their 962 unique blogs. The blogs were cataloged into topic categories and carefully … Continue Reading

Do Non-Competes Really Stifle Tech Innovation?

Posted in Non-Compete Enforceability, Trade Secrets

As has been well-chronicled in this blog, Massachusetts and many other states (and even the federal government) have been grappling with proposed legislation that would ban or severely limit non-competes in employment contracts.  Proponents of bans on non-competes claim that they stifle innovation in the technology sector by preventing skilled employees from using their unique talents to start … Continue Reading