By Robert Milligan and Grace Chuchla It’s 8,242.7 miles or a 17 hour flight between the Philippines and Missouri. Nobody would dispute that this is a significant distance, but as far the Eastern District of Missouri is concerned, forcing a defendant who lives in the Philippines to participate in litigation occurring in Missouri does not… Continue Reading
Tag Archives: Missouri
Missouri Federal Court Finds Violations of Employment Agreement May Constitute Unlawful Access Under the Computer Fraud and Abuse Act
Posted in Computer Fraud and Abuse Act, Restrictive Covenants, Trade SecretsBy Paul Freehling and Joshua Salinas A recent Missouri federal court opinion describes an almost unbelievable scenario. Employees signed well-drafted employment agreements — containing such provisions as non-competition, confidentiality, promise of loyalty, and commitment to return employer’s property within 24 hours of termination of employment — and then incorporated and operated a competitor company while still… Continue Reading
Missouri Supreme Court Reaffirms That Missouri Is A Pro Non-Compete Jurisdiction, Enforcing Non-Competition and Modified Non-Solicitation Agreements Against Non-Resident Former Security Company Employees
Posted in Non-Compete Enforceability, Practice & Procedure, Trade SecretsBy Robert Milligan and Grace Chuchla The Missouri Supreme Court recently issued a decision, Whelan Security Co. v. Kennebrew, et al., 2012 Mo. LEXIS 167, reaffirming Missouri as a pro non-compete jurisdiction for employers. The Court’s decision makes clear that Missouri courts applying Missouri law will enforce non-competition and customer non-solicitation and employee non-solicitation agreements… Continue Reading
Missouri Federal Court Denies Summary Judgment Motion Finding Disputed Issue On Whether Trade Secret Exists Notwithstanding Lack of Confidentiality Agreements and Partial Disclosure to Copyright Office
Posted in Trade SecretsThree years after entering into an oral subscription agreement relating to a specially designed, copyrighted internet-based computer software program, the subscriber stopped paying the required monthly fees. The reason, according to a 10-count federal court complaint, is that the subscriber modified the source code by copying it onto the subscriber’s own server and thereafter used… Continue Reading
District Court Rejects Employer’s Attempt to Use the Computer Fraud & Abuse Act against Former Employees
Posted in Computer Fraud and Abuse ActIn Lasco Foods, Inc. v. Hall and Shaw Sales, Marketing & Consulting, LLC, 600 F. Supp. 2d 1045 (E.D. Mo. 2009), the United States District Court for the Eastern District of Missouri dismissed an employer’s claim that two former employees violated the Computer Fraud & Abuse Act (“CFAA”), 18 U.S.C. § 1030, et seq., by… Continue Reading