Last month, the Occupational Safety and Health Review Commission (“OSHRC”) refused to release SeaWorld’s new safety protocols for trainers interacting with killer whales, despite a recent court ruling that such protocols do not qualify for trade secret protection. The new protocols include new safety measures taken by SeaWorld in the wake of the death of trainer Dawn Brancheau, who was
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Jessica Mendelson
Whatever Happened to Detention? Principal Sues Students Under Computer Fraud and Abuse Act For Allegedly Creating Fake Social Media Account
As social media becomes more engrained in our lives, we hear more and more about its use among students. Although some of these uses are perfectly legitimate, others, such as the use of social media for bullying or defamatory purposes, are not. In a recent case in Oregon, Matot v. CH et al, the court addressed the question of…
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Careful, that Slice of Pizza You’re Eating Might Be Full of Trade Secrets…
It’s time for yet another meal filled with trade secrets!
Earlier this month, New York Pizzeria, Inc., a pizzeria chain with over thirty restaurants in the United States and the Middle East, filed a complaint in federal court in Texas alleging trade secret misappropriation. New York Pizzeria alleged that a former employee, as well as individual restaurant owners, were conspiring …
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Fourth Circuit Holds That Facebook “Like” Is Protected by the First Amendment
Remember that Facebook photo of a friend’s vacation that you “liked” a couple of days ago? Well, congratulations, you’ve just exercised your constitutional right to free speech! This week, in an intensely followed case in the Fourth Circuit, the court held that “liking” something on Facebook is “a form of speech protected by the First Amendment.”
In Bland v. Roberts…
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Are the Last Episodes of “Breaking Bad” Trade Secrets?
Breaking Bad is seemingly everywhere this month. With only a few episodes remaining, die-hard fans of the television show have gone into overdrive. We too, have caught Breaking Bad fever, and started to wonder, do the final episodes qualify as trade secrets? If one of the show’s employees were to release the general plot narrative, would the show’s owners be …
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What’s for Lunch? Trade Secrets!
With the end of summer fast approaching, a new trade secret case filing caught our attention regarding one of the staples of the summer barbecue…the hot dog.
Who doesn’t love a good, old fashioned hot dog? It just so happens that a pair of litigants agree with this sentiment! In a case filed in Los Angeles this summer, Dog Haus …
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Are Sunny Skies Ahead for Plaintiff After Clearing An Early Hurdle in A Trade Secret Case Involving Weather Service?
A New Jersey district court judge recently declined to dismiss trade secret claims against the Weather Channel, finding that the plaintiff Events Media Network Inc. (“EMNI”) had alleged sufficient facts to state a claim of trade secret misappropriation under the Georgia Trade Secrets Act.
The parties first entered into a licensing agreement in the spring of 2008. EMNI agreed that …
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You’ve Already Signed Your Offer Letter– Can You Still Be Subject to a Non-Compete Agreement Signed at the Inception of Employment Without New Consideration? Pennsylvania Supreme Court Says Yes
Is new consideration required for a valid covenant not to compete presented to an employee at the inception of their employment after they sign their offer letter?
Under the majority approach, recognized in many states continued employment is sufficient consideration for a valid non-compete agreement. However, a minority of jurisdictions, will not enforce a non-compete agreement offered for signature after …
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Foreign Engineer Arrested For Trade Secret Theft Involving Medical Technology
The U.S. Attorney’s Office in New Jersey recently charged a former employee with stealing trade secrets from a New Jersey medical technology company.
The former employee, an Indian national, worked in a group at his former employer responsible for the manufacture of pen injectors and pre-fillable syringes. He resigned from the company last month, and in the weeks leading up …
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Federal Legislation Proposed To Combat Cyber-Espionage
Cybersecurity has become a growing concern in the United States. Legislation impacting this topic covers a variety of fields, including national security and defense, trade and international relations, intellectual property, and even privacy and civil liberties. As technology is constantly changing, so too are the types of restrictions in place.
A group of prominent American Senators recently introduced the Deter …
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