shutterstock_337013828The Trans Pacific Partnership Agreement (“TPP) between twelve Pacific Rim counties, including Australia and the United States, was finally made public on 5 November.

The text of the Agreement will now be reviewed by various parliamentary committees before Parliament votes on legislation to implement the Agreement in Australia, likely to be in February or March next year. If the implementing
Continue Reading What does the Trans Pacific Partnership mean for IP in Australia?

shutterstock_147820271In recent years, the prevalence of data and information security breaches at major corporations have become increasingly more commonplace.  While general awareness may be increasing, many companies are still neglecting to address serious information security issues.

Breached data can include proprietary or confidential information, trade secrets, personally identifiable information, health-related data, privileged communications, and regulatory data.  Such data is often subject to preservation due to pending or reasonably anticipated litigation, government investigation, due diligence, or other applicable legal matter, meaning the data is routinely transferred and shared with outside counsel for analysis and support of clients’ claims and defenses.

Many law firms provide guidance regarding information governance to clients, however more times than not, firms fail to realize that they too are also responsible for following similar guidelines. Appropriate precautions must be in place throughout a firm to protect the integrity and sanctity of client data, prevent unauthorized access, and to ensure timely remediation.  However, firms must also have this data available for litigation response, analysis, and review. Therefore, keeping data entirely offline is rarely an option.

There are several pillars of governance that law firms should consider when examining the handling of both their own data as well as that of clients.  As a fiduciary of their clients’ data, firms that fail to address these issues will eventually find themselves in an ethical nightmare, that when applied to a partnership creates a considerable problem.Continue Reading Untrusted Advisor: How Your Law Firm May Fail to Protect Your Data

shutterstock_299582249On October 20, 2015, a Ninth Circuit panel consisting of Chief Judge Sidney Thomas and Judges M. Margaret McKeown and Stephen Reinhardt heard oral argument from the U.S. Department of Justice and counsel for David Nosal on Nosal’s criminal conviction arising under the Computer Fraud and Abuse Act (CFAA).   In 2013, Nosal was found to have violated the CFAA by
Continue Reading Nosal Update: Ninth Circuit Hears Oral Arguments on Password Sharing and Scope of Computer Fraud and Abuse Act

shutterstock_242602567While employee Lehman was employed by Experian and allegedly subject to various employment covenants, he incorporated Thorium, a competitor.  After Experian laid him off, he operated Thorium.  Experian sued Lehman and Thorium in a Michigan federal court, accusing them of wrongdoing including violations of the federal Computer Fraud and Abuse Act.  Holding that the CFAA is intended to criminalize hacking
Continue Reading Michigan Federal Court Rejects As Dicta Sixth Circuit’s Broad Computer Fraud and Abuse Act Interpretation

shutterstock_299107145While season-long fantasy sports leagues have long been in existence, the emergence of daily fantasy sports (“DFS”) has been relatively recent.  DFS allows participants to enter daily contests for money where a salary cap is used to “draft” a team and compete against anywhere from one to hundreds of thousands of other participants.  Points are allocated based on each player’s
Continue Reading Daily Trade Secret Theft for Daily Fantasy Sports?

shutterstock_164426618We are pleased to announce the webinar “Information Security Policies and Data Breach Response Plans” is now available as a podcast and webinar recording.

With the recent uptick of high-profile data breaches and lawsuits being filed as a result by both employees and consumers as a result, every business should take a fresh look at its information security policies
Continue Reading Information Security Policies and Data Breach Response Plans Webinar Now Available!

shutterstock_295640804By Christopher Lowe and Robert T. Szyba

In a recent ruling, the New Jersey Supreme Court gave employers a great recourse for dealing with former employees who breach their duty of loyalty.  In Bruce Kaye v. Alan P. Rosefielde, the Court allowed an employer to recover compensation paid to a disloyal, recently terminated, employee, even where the employer sustained
Continue Reading Getting Your Money Back: New Jersey Employers Can Disgorge A Disloyal Employee’s Salary

shutterstock_206994166It is frightening to think that valuable corporate trade secrets could be lost with the click of a mouse. But as electronic court filing becomes increasingly prevalent, the risk of inadvertent disclosure of sensitive information online—and the resulting loss of trade secret protection—is becoming more and more real.

A litigant in New York recently learned this lesson firsthand, narrowly escaping
Continue Reading When E-Filing Goes Wrong: How to Protect Your Trade Secrets in the Event of Inadvertent Online Disclosure

shutterstock_152933135In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks.

  1.  Could you provide a brief snapshot of current trends in trade secret disputes? Do companies need to be more aware of the potential risks in this area?

Milligan: Data theft of valuable company trade secrets
Continue Reading Frequently Asked Questions Regarding Trade Secret Disputes and Employment Risks Answered

California -- brick wallIn United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized information.  Although that holding represents a minority position, two recent opinions — one in a Ninth Circuit criminal
Continue Reading California Federal Courts Reiterate: Unless Computer Hacked, Computer Fraud and Abuse Act Permits Misuse Of Electronic Information