The Eleventh Circuit Court of Appeals affirmed the sentence of a former Coca-Cola Company employee and one of her co-conspirators for conspiracy to commit theft of trade secrets in violation of 18 U.S.C. § 1832(a). In United States v. Williams, a jury convicted Joya Williams of taking trade secrets related to secret marketing materials from Coca-Cola and working with

Continue Reading Eleventh Circuit Affirms Sentence of Coca-Cola Employee Who Stole Trade Secrets United States v. Williams, 2008 WL 731993 (11th Cir. Mar. 20, 2008)

In Navair v. IFR Americas, the Tenth Circuit reversed the district court’s grant of summary judgment to defendants, holding that an extension of time to a distribution agreement should be for a reasonable time even if no specific term is agreed upon by the parties.

Plaintiff Navair, Inc. was the exclusive Canadian distributor for IFR, a military communications equipment

Continue Reading Extension of Protection Clause For Distributor Upheld After Termination For Violation of Noncompetition Agreement:Navair v. IFR Americas, __ F.3d __, 2008 WL 697381 (10th Cir. March 17, 2008)

Stanley Steemer licensed AAA Abachman to operate a carpet and upholstery cleaning business under the Stanley Steemer name. The franchise agreement gave Abachman “the sole right to use Stanley Steemer’s ‘trademarks, service marks, patents, and trade secrets’ in its carpet and upholstery cleaning business within its assigned territory.”

After Abachman had secured this right, however, Stanley Steemer licensed a second

Continue Reading What part of “in no other manner” didn’t you understand? AAA Abachman Enterprises, Inc. v. Stanley Steemer Intern., Inc., 2008 WL 624040 (11th Cir. Mar. 10, 2008)

The critical importance of securing confidential information was brought home again yesterday when the intersection of trade secrets and spy games made the newspapers.

Four men, one a United States Department of Defense systems analyst and three Chinese natives, were arrested and charged with espionage in two separate cases. Aside from the political ramifications of ongoing Chinese espionage, which one

Continue Reading International Spy Charges Highlight Importance of Securing Confidential and Defense-Related Data

In a recent decision, Bender v. Xcel Energy, Inc., the Eighth Circuit Court of Appeals suggested that attempts by executives to replace employer release agreements must comply precisely with contractual requirements. A unanimous panel affirmed the District Court’s grant of summary judgment to defendant Xcel Energy, Inc., on the claims of former executives of a subsidiary company of Xcel

Continue Reading Eighth Circuit Rejects Terminated Executives’ Replacement Release: Bender v. Xcel Energy, Inc., __ F.3d __, 2007 WL 313868 (8th Cir. Oct. 29, 2007).