trade secrets uniquenessAs is often true in fashion, what once was old is now new again. But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. Co. v. Cohen, 173 F.3d 63 (2d Cir. 1999). In JLM Couture, Inc. v. Gutman, 24 F.4th 785 (2d Cir. 2022), the Second Circuit held that JLM Couture’s non-compete was enforceable through New York’s oft-overlooked “uniqueness” exception. But the real question to me as a litigator is whether this doctrine should become part of the tool bag going forward. Upon analysis, the answer is somewhat mixed and going to be exceedingly fact dependent.
Continue Reading Is “Uniqueness” Getting a Revival?

Seyfarth Partners Erik Weibust and Jeremy Cohen participated in the American Intellectual Property Law Association’s 2019 Trade Secret Law Summit on March 21 and 22 at American Express’s corporate headquarters in New York.  Erik serves as Vice Chair of the AIPLA’s Trade Secret Committee and a member of the planning committee for the Summit, which addressed a range of topics
Continue Reading Seyfarth Partners Erik Weibust and Jeremy Cohen Speak at AIPLA Trade Secret Summit in New York

The American Intellectual Property Law Association (AIPLA) will host its annual Trade Secret Law Summit at the American Express Company in New York City’s Financial District on March 21-22, 2019.

Seyfarth is a proud sponsor of the Summit, at which partners Erik Weibust (Vice Chair of AIPLA’s Trade Secret Law Committee) will be speaking on Protection of Trade Secrets in
Continue Reading Please Join Seyfarth at the AIPLA Trade Secret Law Summit – March 21-22, 2019

Seyfarth Shaw Partner Erik Weibust and Associate Alex Meier published a Law360 article about trade secret protections related to social media. Weibust and Meier discuss risks employers face when employees access social media accounts, as well as some e-discovery considerations for social media. To learn more, check out “Trade Secret Protection and Social Media: A 5-Year Update” from Law360 here
Continue Reading Seyfarth Attorneys Author Article on Trade Secret Protection and Social Media

Continuing our annual tradition, we present the top developments/headlines for 2017/2018 in trade secret, computer fraud, and non-compete law.

1. Notable Defend Trade Secrets Act Developments

Just two years after its enactment, the Defend Trade Secrets Act (“DTSA”) continues to be one of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for trade secret theft, protections for whistleblowers, and new remedies (e.g., ex parte seizure of property), that were not previously available under state trade secret laws.
Continue Reading Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2017/2018

There is no denying that social media continues to transform the way companies conduct business. In light of the rapid evolution of social media, companies today face significant legal challenges on a variety of issues ranging from employee privacy and protected activity to data practices, identity theft, cybersecurity, and protection of intellectual property.

Seyfarth Shaw is pleased to provide you
Continue Reading Now Available! Seyfarth Shaw’s 2017-2018 Edition of the Social Media Privacy Legislation Desktop Reference

In Seyfarth’s final webinar in its series of 2017 Trade Secrets Webinars, Seyfarth attorneys Justin Beyer, Dawn Mertineit, and Ryan Behndleman presented Protecting Trade Secrets in the Social Media Age. The panel focused on how to define and protect trade secrets on social media.

As a conclusion to this well-received webinar, we compiled a summary of takeaways:
Continue Reading Webinar Recap! Protecting Trade Secrets in the Social Media Age

Social media and related issues in the workplace can be a headache for employers. There is no denying that social media has transformed the way that companies conduct business. In light of the rapid evolution of social media, companies today face significant legal challenges on a variety of issues, ranging from employee privacy and protected activity to data practices, identity
Continue Reading Upcoming Webinar! Protecting Trade Secrets in the Social Media Age

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By Gary Glaser, James McNairy and Marc Jacobs

We are pleased to announce the webinar “Trade Secrets, Restrictive Covenants and the NLRB: Can They Peacefully Coexist?” is now available as a podcast and webinar recording.

In Seyfarth’s fifth installment of its 2016 Trade Secrets Webinar series, attorneys Jim McNairy and Marc Jacobs conveyed strategies and best practices to
Continue Reading Webinar Recap! Trade Secrets, Restrictive Covenants and the NLRB: Can They Peacefully Coexist?

shutterstock_328329848Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of email. For convenience, employees often use one device for both personal and work-related communications, whether that device is employee-owned or
Continue Reading Monitoring Employee Communications: A Brave New World