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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’s Trade Secrets Group Earns Top Tier Ranking from Legal 500

Posted in Trade Secrets

The 2016 edition of The Legal 500 United States recommends Seyfarth Shaw’s Trade Secrets group as one of the best in the country. Nationally, for the first time, our Trade Secrets practice earned Top Tier.

Based on feedback from corporate counsel, two Seyfarth partners, Michael D. Wexler and Robert B. Milligan were recommended in the editorial.

The Legal 500 … Continue Reading

Webinar Recap! The Defend Trade Secrets Act: What Employers Should Know Now

Posted in Legislation, Trade Secrets

We are pleased to announce the webinar “The Defend Trade Secrets Act: What Employers Should Know Now” is now available as a podcast and webinar recording.

In Seyfarth’s sixth installment, attorneys Robert Milligan, Daniel Hart and Amy Abeloff, described the key features of the Defend Trade Secrets Act (“DTSA”) and compared its key provisions to the state Uniform Trade … Continue Reading

Texas Supreme Court: Company Representative May Be Excluded from Trade Secret Hearing

Posted in Practice & Procedure, Trade Secrets

In a clash between two major oil companies, the Texas Supreme Court ruled May 20, 2016 that the recently enacted Texas Uniform Trade Secrets Act (“TUTSA”) allows the trial court discretion to exclude a company representative from portions of a temporary injunction hearing involving trade secret information.  The Court further held a party has no absolute constitutional due-process right to … Continue Reading

Upcoming Webinar: Enforcing Trade Secret and Non-Compete Provisions in Franchise Agreements

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

On Tuesday, June 21, 2016 at 12:00 p.m. Central, Seyfarth attorneys, John Skelton, James Yu and Dawn Mertineit will present the seventh installment of the 2016 Trade Secrets Webinar series. This program will focus on protecting a franchisor’s trade secrets, confidential information, and goodwill through the use of covenants against competition.

The Seyfarth panel will specifically address the following topics:… Continue Reading

Bring Out the Body Bags: Seller’s Covenant, In Asset Sales Agreement, Not To Compete Within 150 Miles For 10 Years Unenforceable

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

Palmetto bought the assets of Knight Systems’ mortuary transport business. The agreement of purchase and sale included (a) Palmetto’s commitment to buy body bags, at specified discounted prices, exclusively from Knight Systems for 10 years, and (b) Knight Systems’ promise not to provide mortuary transport services within 150 miles of Palmetto’s offices for the same period.  Notwithstanding the non-compete covenant, … Continue Reading

Umpteenth Time’s the Charm? Massachusetts Has Another Go At Non-Compete Reform

Posted in Legislation, Trade Secrets

The Massachusetts legislature is back at it again — as the Boston Globe reports, the Joint Committee on Labor & Workforce Development has sponsored a compromise bill with the goal of limiting non-competes in the Commonwealth.

As our readers may recall, for nearly a decade, Massachusetts legislators have attempted to pass legislation regarding non-competes, to no avail.  In … Continue Reading

Webinar Recap! Trade Secrets, Restrictive Covenants and the NLRB: Can They Peacefully Coexist?

Posted in Restrictive Covenants, Social Media, Trade Secrets

By Gary Glaser, James McNairy and Marc Jacobs

We are pleased to announce the webinar “Trade Secrets, Restrictive Covenants and the NLRB: Can They Peacefully Coexist?” is now available as a podcast and webinar recording.

In Seyfarth’s fifth installment of its 2016 Trade Secrets Webinar series, Seyfarth attorneys, Gary Glaser, Jim McNairy and Marc Jacobs, conveyed … Continue Reading

Upcoming Webinar! The Defend Trade Secrets Act: What Employers Should Know Now

Posted in Legislation, Trade Secrets

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”), which Congress passed on April 27, 2016. With President Obama’s signature, the DTSA has now become the law of the land, and a federal civil remedy for trade secrets misappropriation now exists.

What does the passage of the DTSA mean for your company?

On Monday, May 16 Continue Reading

President Obama Signs the Defend Trade Secrets Act: Tips for Navigating the New Law

Posted in Legislation, Trade Secrets

Seyfarth Synopsis: A new federal civil cause of action is now available to trade secrets owners seeking to pursue claims of trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”).  To take full advantage of the remedies provided  under the DTSA, companies have an immediate obligation to provide certain disclosures in all non-disclosure agreements with employees, contractors, and consultants … Continue Reading

Drones & Trade Secrets – How Low Can They Go?

Posted in Trade Secrets

This Blog first addressed the threats drones pose to the protection of Trade Secrets in June of 2014.[1] Since then, drones continue to proliferate at a dizzying pace. Everybody and their brother has one, and drones are becoming much more sophisticated and advanced. [2]  The challenge is for the law to keep up with the technology, and so far, … 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.

Seyfarth’s fourth installment, presented by Scott Humphrey, Marcus Mintz and Kristine Argentine, focused on trade secret and client relationship considerations in the banking and finance industry, with a particular focus on a … Continue Reading

Monitoring Employee Communications: A Brave New World

Posted in Practice & Procedure, Privacy, Social Media, Trade Secrets

Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of email. For convenience, employees often use one device for both personal and work-related communications, whether that device is employee-owned or … Continue Reading

U.S. Treasury Department Suggests That Non-Compete Reform is Necessary

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

The U.S. Department of Treasury recently released a study on the effect of non-compete agreements, taking a hard line with respect to their social and economic benefits and purported harms.  Specifically, while the authors of the study acknowledge that in some cases non-compete agreements can promote innovation, they ultimately conclude that the potential harm of misuse by employers outweighs those … Continue Reading

What Does the Passage of the Defend Trade Secrets Act Mean for Your Business?

Posted in Legislation, Trade Secrets

Congress passed federal trade secrets legislation today. On April 4, 2016, the Senate passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, on April 20, 2016, the House Committee approved S. 1890 by voice vote. Today, the House passed the DTSA. President Obama has voiced his support for the DTSA, which indicates that he will … Continue Reading

House Vote Live Tweet Update

Posted in Legislation, Trade Secrets

The House is set to vote on the Defend Trade Secrets Act of 2016 (“DTSA”) in a matter of hours. Per the House schedule today, the House will meet at 10:00 a.m. Eastern for morning hour and 12:00 p.m. Eastern for legislative business. First votes are expected around 2:30-3:30 p.m. Eastern and last votes expected are expected around 4:45-5:45 p.m. … Continue Reading

Live Tweet of House Vote on the Defend Trade Secrets Act Tomorrow

Posted in Legislation, Trade Secrets

On April 4, 2016, the Senate Judiciary Committee passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”).  On April 20, 2016, the House Judiciary Committee approved the Senate’s amended version of the bill, which will now be voted on the House floor tomorrow, April 27. The President has indicated that he will sign the DTSA.

We will be … Continue Reading

Upcoming Webinar: Restrictive Covenants and the NLRB: Can They Peacefully Coexist?

Posted in Restrictive Covenants, Trade Secrets

Recent National Labor Relations Board (NLRB) law in the area of employee handbooks and policies brings new challenges for employers as to how they can best protect their trade secrets and enforce restrictive covenants in their employment agreements without running afoul of the National Labor Relations Act.

On Tuesday, May 10 at 12:00 p.m. Central, Seyfarth attorneys Gary Glaser, … Continue Reading

House Judiciary Committee Passes Senate’s Version of the Defend Trade Secrets Act

Posted in Legislation, Trade Secrets

On April 4, 2016, the Senate Judiciary Committee passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”).  Soon after, House Judiciary Committee Chairman Bob Goodlatte (R-VA) released a statement in which he applauded the Senate’s passage of the bill, noting that “trade secrets are an increasingly important form of intellectual property that have become more vulnerable to theft … Continue Reading

California Court Gives Two Thumbs Down and Voids Non-Compete in Actor’s Agreement

Posted in Non-Compete Enforceability, Trade Secrets

Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade. 

California, mecca of the film and media production industries in the U.S., is notorious for outlawing non-compete agreements. It is one of the few states that generally prohibits the unlawful restraint of one’s profession or business, with limited exceptions. … Continue Reading

Breaking News: European Parliament Approves Trade Secrets Directive

Posted in International, Legislation, Trade Secrets

Earlier today (by a vote of 503 to 131 with 18 abstentions), the European Parliament approved the text of a proposed Directive for the protection of trade secrets in the European Union.  Once approved by the European Council (which is typically a formality), the Directive will be binding on all EU member states and will require member states to … Continue Reading

European Parliament Debates Proposed Trade Secrets Directive

Posted in International, Legislation, Trade Secrets

As we have previously reported in this blog, this week marks a milestone in ongoing attempts in the European Union to overhaul the existing regulatory framework for the protection of trade secrets.  Earlier today, members of the European Parliament debated the compromise text of the proposed Directive to protect trade secrets.  A full recording of the debate can be found … Continue Reading

Hidden Details: Thoughts on Trade Secrets From the UK

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 from Jeremy Morton, an English solicitor who advises in the areas of intellectual property and data protection law. 

As reported recently by Seyfarth Shaw’s lawyers in this very blog, on 13 April the European Parliament will vote on the EU Commission’s … Continue Reading

Webinar Recap! New Year, New Progress: 2016 Update on Defend Trade Secrets Act & EU Directive

Posted in Trade Secrets

We are pleased to announce the webinar “New Year, New Progress: 2016 Update on Defend Trade Secrets Act & EU Directive” is now available as a podcast and webinar recording.

In Seyfarth’s third installment of its 2016 Trade Secrets Webinar series, Seyfarth attorneys Robert Milligan, Justin Beyer and Daniel Hart, provided attendees with a thorough discussion of the fundamentals … Continue Reading

You Can’t Put Lipstick On This Pig: Beauty Company’s Non-Compete Deemed Unenforceable

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

On March 25, 2016, a Massachusetts Superior Court judge struck down skin care salon Elizabeth Grady Face First, Inc.’s (“Elizabeth Grady” or the “Company”) attempt to make its non-compete agreement seem prettier than it actually is.  In denying Elizabeth Grady’s motion for a preliminary injunction, the court stressed that employees’ conventional job knowledge and skills, without more, will not constitute … Continue Reading