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

WebinarOn Tuesday, September 22 at 12:00 p.m. Central, Seyfarth attorneys Karla Grossenbacher and John Tomaszewski will present “Information Security Policies and Data Breach Response Plans.” 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 Upcoming Webinar: Information Security Policies and Data Breach Response Plans

PamelaPassman CREATe.org smAs a special feature of our blog –special guest postings by experts, clients, and other professionals –please enjoy this blog entry by Pamela Passman, President and CEO for the Center for Responsible Enterprise and Trade (CREATe.org)

-Robert Milligan, Editor of Trading Secrets

By Pamela Passman

Regional and national laws are increasingly focusing on the specific steps that companies
Continue Reading Trade Secret Protection: What are Reasonable Steps?

shutterstock_270428249Generally when one refers to “competitors” in the context of protecting trade secrets, it is in regard to business competitors, not competing sports teams.  And usually when the talking heads on sports radio and television are discussing legal issues, they relate to domestic violence or other crimes, concussions, illicit and performance enhancing drugs, or labor disputes (sometimes even
Continue Reading Corporate Espionage: Not Your Typical Sports-“Gate”

shutterstock_1488153Over the past few years, users have become increasingly aware of the inherent dangers of connecting to unsecured Wi-Fi networks. Unfortunately, existing security vulnerabilities in the underlying network hardware may still open a user’s computer to security issues.

Recently, Wired reported that security firm Cylance discovered a vulnerability in a specific brand of network routers deployed throughout many hotel chains
Continue Reading Unsecured Networks More Susceptible to Data Theft

shutterstock_176119643The parties in a Computer Fraud and Abuse Act case moved for partial summary judgment. Among the issues were whether the plaintiff had incurred the requisite $5,000 in qualifying losses, and whether the complaint was time-barred. The motions were denied, but the court had to do a lot of explaining. Quantlab Technologies Ltd. v. Godlevsky, Case No. 4:09-CV-4039 (S.D.Tex.,
Continue Reading Satisfying the Computer Fraud and Abuse Act’s Jurisdictional Requirements Can Be Complicated

shutterstock_183065225We are pleased to announce the webinar “International Trade Secret and Non-Compete Law Update” is now available as a podcast and webinar recording.

In Seyfarth’s third installment of its 2015 Trade Secrets Webinar series, Seyfarth attorneys focused on non-compete and trade secret considerations from an international perspective. Specifically, the webinar will involved a discussion of non-compete and trade secret
Continue Reading Webinar Recap! International Trade Secret and Non-Compete Law Update

shutterstock_155289302By Ada Dolph, Christopher Robertson, and Robert Milligan

The Securities and Exchange Commission (SEC) announced today that it had made good on its prior promises to take a hard look at employment agreements and policies that could be viewed as attempting to keep securities fraud complaints in-house. In KBR, Inc., Exchange Act Release No. 74619 (April 1, 2015),
Continue Reading SEC Cracks Down On Confidentiality Agreements Chilling Employees’ Rights to Report Potential Securities Law Violations