Seyfarth Partner and Trade Secrets, Computer Fraud & Non-Compete Practice Group Co-Chair Robert Milligan is moderating the panel for “The Employee Life Cycle Relating to Trade Secrets” session on November 5 at The Sedona Conference Working Group 12 Inaugural Meeting 2018 in Los Angeles, California. “The Employee Life Cycle Relating to Trade Secrets” session will develop guidelines for new employers to avoid unintentionally receiving or benefiting from the trade secrets of another company and for employees to avoid unintentionally placing their employer’s trade secret information at risk of misappropriation. Continue Reading Seyfarth Shaw Trade Secrets Attorneys Participating in The Sedona Conference Working Group 12 Inaugural Meeting 2018
On October 25-27, 2018, Seyfarth attorneys will be attending the American Intellectual Property Law Association’s (AIPLA) Annual Meeting in Washington, D.C.—this is one of the preeminent events for trade secret practitioners across the country. Boston partner Erik Weibust will formally take on the role of Vice Chair of the AIPLA’s Trade Secrets Law Committee at the Annual Meeting, and Seyfarth’s National Litigation Department Chair Katherine Perrelli is presenting “Strategies for Enforcing Compliance with Trade Secret Injunctions, Restraining Orders, and Other Remedial Orders” program on Friday, October 26th. Seyfarth partners Erik Weibust and Dawn Mertineit and associate Andrew Stark will also be in attendance.
Other meeting highlights include:
- Understand the Foreign Corrupt Practices Act and its implications on IP practice
- Learn about the newest advancements in technology like how the Internet of Things and Artificial Intelligence will affect IP law
- Learn tips and tricks on handling trademark portfolios, managing cybersecurity, and collecting royalties
- Learn strategies for navigating antitrust concerns and trade secret injunctions
Learn more or register at http://www.aipla.org/learningcenter/AM18/Pages/default.aspx
What Businesses Need to Know About Non-Compete and Trade Secrets Law
Seyfarth’s Trade Secrets, Computer Fraud, and Non-Competes Practice Group is pleased to provide the 2018-2019 edition of our one-stop 50 State Desktop Reference, which surveys the most-asked questions related to the use of restrictive covenants and intellectual capital protection in all 50 states, including the recent non-compete legislation passed in Massachusetts this August. For the company executive, in-house counsel, or HR professional, we hope this guide will provide a starting point to answer your questions about protecting your company’s most valuable and confidential assets.
To request a hard copy or a pdf of the 2018-2019 edition of the 50 State Desktop Reference, click the button below.
As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Donal O’Connell, Managing Director of Chawton Innovation Services Ltd.
Managing trade secrets belonging to Third Parties:
At first glance, you may be somewhat perplexed by the title. When and why should a company be concerned about managing trade secrets belonging to some 3rd party? It is tough enough for most companies to properly and professionally manage their own trade secrets, not to mind worrying about the trade secrets belonging to others. However, more and more, companies are indeed facing the challenge of having to manage trade secrets belonging to others. Allow me to explain. Continue Reading The Sharing of Trade Secrets with Others
Please join us for a one-hour CLE webinar on Monday, September 24, 2018, at 1:00 p.m. Eastern / 12:00 p.m. Central / 10:00 a.m. Pacific.
Trade secrets are critical intellectual property for most businesses, and the threat to trade secrets continues to increase year after year. It’s vital for companies to protect trade secrets, both in the U.S. and abroad. It’s also important for companies to know how to enforce their rights in regards to trade secrets. In Seyfarth’s sixth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Daniel Hart, Marjorie Culver, Alex Meier, and Paul Yovanic will cover the following:
- How to identify the greatest threats to trade secrets
- Tips and best practices for protecting trade secrets abroad
- Enforcement mechanisms and remedies
On Wednesday, August 29, 2018, Seyfarth Shaw Partners Katherine Perrelli, Dawn Mertineit, and Justin Beyer are presenting a webinar focused on trade secret audits. The ITechLaw webinar, titled “The Anatomy of a Trade Secret Audit,” is from 9 a.m. to 10 a.m. Eastern Time and will cover the following topics:
- Identifying trade secrets and secrecy protections
- Effective secrecy protections, including employment and non-compete agreements
- Effective hiring and termination protocols, including effective exit interviews and termination protocols
- Employing a comprehensive approach and trade secret protection plan
- Managing and working to protect computer-stored data, including responding to emergency issues related to computer fraud and security breaches
For more information or to register for the webinar, click here.
In Seyfarth’s fifth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Kate Perrelli, Erik Weibust, and Dawn Mertineit focused on Massachusetts non-compete and trade secrets reform. At long last, Massachusetts Governor Charlie Baker signed a Non-Compete Reform Bill into law on August 10. The presenters focused on what businesses should understand about the impacts of the changes, what to expect next, and how to safeguard assets and maintain an advantage over competitors.
As a conclusion to this well-received webinar, we compiled a summary of takeaways:
- Non-competes must be limited to one year, but can be extended to two if the employee breaches his or her fiduciary duty or steals company property.
- Must be in writing and signed by both parties; at least 10 days’ notice must be provided to employees/candidates; and the right to counsel must be explicit in the agreement.
- Garden leave is not required. “Other mutually agreed-upon consideration” is adequate. But what that means, and whether the court will even assess the adequacy of consideration, is left to the courts to determine.
- Continued employment is no longer sufficient consideration. Something more, that is “fair and reasonable” must be provided. Again, what that means is left to the courts to determine.
- Choice of law and venue requirements are likely unenforceable in other states and in federal court. Nevertheless, comply with the law in case an employee files a declaratory judgment action in Massachusetts.
- Bottom line: Be clear in your agreements. All the law really does is establish what must, may, and may not be included in private agreements.
Seyfarth Shaw LLP is pleased to be a Global Sponsor at ITechLaw’s 2018 European Conference in Milan, October 17–19.
Excelsior Hotel Gallia
Piazza Duca D’aosta 9
Milan, 20124 Italy
ITechLaw is a not-for-profit organization established to inform and educate lawyers about the unique legal issues arising from the evolution, production, marketing, acquisition and use of information and communications technology.
The European Conference will feature wide-ranging programs and invaluable networking opportunities that will focus on cutting-edge legal topics and will provide practical insight into the latest developments in technology law.
This year, Seyfarth Shaw Partner Robert B. Milligan is on ITechLaw’s Board of Directors and is the Co-Chair of the Local Representative Committee. Seyfarth Shaw Partner Julia Sutherland is on the panel for the “Fashion: New Models, Old Problems?” session on Thursday, October 16. This session will focus on the use of new and innovative technology that is transforming the fashion industry, in terms of blockchain, products traceability, and AdTech.
For more information, click here: https://www.itechlaw.org/conferences/2018-european-conference
Please join us for a one-hour CLE webinar on Thursday, August 16, 2018, at 1:00 p.m. Eastern / 12:00 p.m. Central / 10:00 a.m. Pacific.
On August 10, Governor Charlie Baker signed a Non-Compete Reform Bill into law. Although the bill largely codifies existing common law, there are some significant changes that companies with employees is Massachusetts should be aware of. Among other things, non-competes may not be enforced against certain types of employees; continued employment will no longer be sufficient consideration for existing employees; any employees subject to non-compete restrictions must be provided with “garden leave” (i.e., 50% of their base pay) during the restricted period, or “other mutually agreed upon consideration” (which is not defined); there are new notification requirements, and agreements with Massachusetts employees purportedly may not apply the laws of other states or mandate venue for lawsuits outside of Massachusetts.
As part of the same overarching economic development bill, Massachusetts has also now joined 48 other states in adopting the Uniform Trade Secrets Act, which will also changes existing law (although without creating nearly as much confusion and uncertainty as the non-compete law).
Understanding the impact of these changes, and what to expect, will help your company safeguard its most valuable assets and maintain its advantage over competitors. Please join Seyfarth Shaw’s Boston team for an informative webinar on what to expect when this law goes into effect on October 1, 2018.
Late last night, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session. (For a recap of the many twists and turns over the years, here is just a smattering of blog posts on the topic).
The new bill, which will become effective on October 1, 2018, if signed by Governor Baker, codifies certain aspects of existing common law, but makes some significant changes to non-compete jurisprudence in the Bay State that employers will need to be mindful of. Continue Reading At Long Last, Non-Compete Legislation: Massachusetts Finally Passes Non-Compete Bill After Nearly a Decade