By Robert Milligan and Joshua Salinas Last week, the Office of the U.S. Intellectual Property Enforcement Coordinator published a Notice in the Federal Register soliciting public comments for an Administration legislative review related to economic espionage and trade secret theft. The request specifically seeks written submissions from the public regarding “any recommendations for legislative changes that… Continue Reading
Tag Archives: legislation
Massachusetts Governor Weighs In On Non-Compete Reform Debate
Posted in Legislation, Non-Compete EnforceabilityAt the annual meeting of the Massachusetts Technology Leadership Council on March 12, Massachusetts Governor Deval Patrick reportedly described arguments in favor of eliminating the state’s longstanding approval of non-compete clauses as “compelling,” while stopping short of endorsing those efforts. During a question-and-answer session at the conference, Branko Gerovac, chief strategy officer at search engine optimization… Continue Reading
California Style Non-Compete Legislation Introduced In Minnesota
Posted in Legislation, Non-Compete EnforceabilityNew proposed legislation introduced in the Minnesota House of Representatives would invalidate effectively all employee non-compete agreements if passed. On February 11, 2013, Democratic-Farmer-Labor party members Joe Atkins and Alice Hausman introduced H.F. No. 506. The bill was read and referred to the Committee on Labor, Workplace and Regulated Industries, a committee chaired by Rep. Sheldon… Continue Reading
To Work or Not to Work – Maryland’s Senate Considers Changes To Non-Compete Law for Those on Unemployment
Posted in Legislation, Non-Compete Enforceability, Practice & Procedure, Restrictive CovenantsOn January 9th, the Maryland Senate introduced a bill which if passed would invalidate employee “noncompetition covenants” for former workers who applied for and obtained unemployment benefits. Senate Bill 51 is sponsored by Senator Ronald N. Young, Democrat, who just began his third year in the Maryland Senate. If enacted, the bill will take effect… Continue Reading
2012 Year in Review On Significant Trade Secret, Non-Compete, and Computer Fraud Cases, Legislation, and Developments Now Available
Posted in Breach of Fiduciary Duty, Computer Fraud, Computer Fraud and Abuse Act, Data Theft, Espionage, Legislation, Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Trade Secrets, Unfair CompetitionWe are pleased to announce the publication of the Trading Secrets Blog 2012 Year in Review. The 2012 Review is a compilation of our significant blog posts from 2012 and is categorized by specific topics: Trade Secrets; Computer Fraud and Abuse Act; Non-Competes and Restrictive Covenants; and Legislation. As the specific blog entries, including our Top 10… Continue Reading
Employers Take Note: Michigan Adopts Social Media Privacy Legislation
Posted in Data Theft, LegislationBy Jessica Mendelson and Robert Milligan The Michigan Legislature recently passed the Internet Privacy Protection Act (“IPPA”), otherwise known as House Bill 5523. On December 28, 2012, Michigan Governor Rick Snyder signed the IPPA, making Michigan the fourth state to enact a social media privacy law regulating employers. In explaining the reasoning behind the law, Governor… Continue Reading
Big Brother Can’t Ask For Access To Your “Personal” Social Media Accounts Either….More Social Media Legislation Proposed In California
Posted in Data Theft, Legislation, Trade SecretsBy Robert Milligan and Jessica Mendelson Recently, we blogged about the passage of California Assembly Bill 1844 (“AB 1844”), which regulates employers’ ability to demand access to employees’ or prospective hires’ personal social media accounts. Assembly Bill 1844 was codified as section 980 of the California Labor Code. Recently, California State Assemblywoman Nora Campos has… Continue Reading
What Employers Need to Know About California’s New Social Media Law
Posted in Data Theft, Legislation, Practice & Procedure, Trade SecretsBy Robert Milligan, Jessica Mendelson, and Joshua Salinas On September 27, 2012, California Governor Jerry Brown signed two bills, AB 1844 and SB 1349, into law, making California the third state in the country – Maryland and Illinois are the others – to regulate employers’ ability to demand access to employees’ or prospective hires’ personal… Continue Reading
Trade Secrets and Non-Compete Legislative Update Webinar On September 20, 2012
Posted in Legislation, Non-Compete Enforceability, Practice & Procedure, Trade SecretsPlease join us for our sixth trade secrets webinar of the year entitled Trade Secrets and Non-Compete Legislative Update. The webinar will be September 20, 2012 from noon to 1:00 p.m. central. The past year has seen significant statutory changes to several jurisdictions’ laws regarding trade secrets and restrictive covenants and pending legislation proposed in… Continue Reading
Update: New Online Anti-Piracy Initiatives in the U.S. and Europe
Posted in EspionageYesterday, Robert Milligan and I had the wonderful opportunity to present at the 2012 ITechlaw World Technology Law Conference in Washington, D.C. We discussed the new online anti-piracy legislation and developments in the U.S. and Europe. In particular, we covered the highly controversial and failed SOPA and PIPA legislation, the new proposed CISPA and OPEN… Continue Reading
Seyfarth Attorneys to Speak at 2012 ITechLaw World Technology Law Conference & Annual Meeting on New Online Anti-Piracy Initiatives in the U.S. and Europe
Posted in EspionageLate last Thursday, April 26, 2012, the U.S. House of Representatives approved the Cyber Intelligence Security Protection Act (CISPA). CISPA is a cybersecurity bill that allows the government and U.S. companies to share confidential and classified information regarding potential cyber attacks. The purpose of the bill is to strengthen U.S. infrastructure and protect it from… Continue Reading
Massachusetts Legislature Considers New Social Media Bill
Posted in Practice & Procedure, Trade SecretsBy Ryan Malloy and Erik Weibust The Massachusetts legislature recently joined the growing wave of states nationwide that are considering bills, which, if enacted, would forbid employers from requesting social media user names and passwords from employees or prospective employees. The issue of privacy with regards to social media accounts has garnered significant attention across the… Continue Reading
Hey Lumbergh, You Don’t Own My Facebook Account: Maryland Passes Legislation To Protect Employee’s Social Media Accounts
Posted in Practice & Procedure, Trade SecretsRecently the legality of requiring prospective hires to hand over social networking usernames and passwords received national attention when New York Sen. Charles Schumer and Connecticut Sen. Richard Blumenthal asked the U.S. Department of Justice to investigate whether the practice violates federal laws. Although federal legislation has yet to be passed, state legislatures have begun to… Continue Reading
Access To Social Media Accounts In The Hiring Process And Employer Ownership Of Trade Secrets Or Confidential Information Contained In Social Media Accounts: Legislation On Horizon?
Posted in Computer Fraud and Abuse Act, Trade SecretsOn Monday March 26, 2012, Senators Richard Blumenthal (Connecticut) and Chuck Schumer (New York), called for federal agencies to determine whether requiring prospective hires to hand over social networking usernames and passwords violates federal law. Blumenthal and Schumer called on the United States Equal Employment Opportunity Commission (“EEOC”) to investigate whether such practices violate federal… Continue Reading
Idaho and New Hampshire Propose Significant Trade Secret and Non-Compete Legislation
Posted in Non-Compete Enforceability, Restrictive Covenants, Trade SecretsRecently, state legislatures in both Idaho and New Hampshire have proposed significant legislation relating to trade secret and non-compete agreements. Each of these bills has the potential to significantly impact employers and their hiring processes. Idaho In the Idaho state senate, a bill was recently introduced to amend the Idaho Trade Secrets Act. The proposed bill… Continue Reading
Department of Justice Takes Pro-Employer Stance On Amendments To Computer Fraud And Abuse Act: Employers Should Continue To Be Able To Hold Employees Liable For Violations Of Computer Usage Policies Under The Act
Posted in Computer Fraud, Computer Fraud and Abuse ActBy Robert Milligan and Joshua Salinas In connection with proposed Congressional amendments to the federal Computer Fraud and Abuse Act (CFAA), on November 15, 2011, Department of Justice Deputy Chief Richard W. Downing (Computer Crime and Intellectual Property Section) emphasized the importance of an expansive CFAA before the House Committee on the Judiciary and came out… Continue Reading
Massachusetts Legislature Hears Testimony on Non-Compete Bill
Posted in Non-Compete EnforceabilityBy Kate Perrelli, Erik Weibust, and Ryan Malloy On September 15, 2011, the Massachusetts legislature’s Joint Committee on Labor and Workforce Development heard testimony on House Bill 2293. The bill, originally introduced in 2009 as House Bill 1799, and as previously blogged on here, here, and here, aims to codify Massachusetts common law pertaining to non-compete agreements and… Continue Reading
Is Banning Non-Competes the Answer for Massachusetts?
Posted in Non-Compete EnforceabilityKatherine (Kate) Perrelli (a Seyfarth Shaw partner in Boston) recently published an op-ed, “Is Banning Non-Competes the Answer for Massachusetts?” in the September 21, 2009 issue of Massachusetts Lawyers Weekly. In her article, Kate discusses two bills addressing non-competition agreements that are currently pending in the Massachusetts legislature; one bill would enforce reasonably tailored non-competes, while the other… Continue Reading
Georgia Governor Signs HB 173
Posted in Non-Compete EnforceabilityOn April 29, 2009, Governor Sonny Perdue signed HB 173, legislation intended to revamp the way that non-compete, non-solicit and non-disclosure agreements are enforced in Georgia.