Back in 2015, we covered the divided holding of the Ninth Circuit in Golden v. California Emergency Physicians Medical Group, that a “no re-hire” provision in a settlement agreement could constitute a restraint of trade in violation of California law. After a second round at the Ninth Circuit, the case has been reversed and remanded yet again, based on the panel majority’s conclusion that the “no re-hire” provisions at issue were overbroad and unenforceable. Continue Reading Ninth Circuit Confirms “No Re-Hire” Clauses Can Constitute Unlawful Restraints of Trade in California

Seyfarth Partner and Trade Secrets, Computer Fraud & Non-Compete Practice Group Co-Chair Robert Milligan is on the panel for the “Hot Topics in Trade Secret Litigation: the DTSA, Remedies, Anti-SLAPP, and Constitutional issues” session on November 8, at the California Lawyers Association Intellectual Property Institute in San Jose, California.

The “Hot Topics in Trade Secret Litigation” session will cover some of the most intriguing (and vexing) topics in trade secret litigation and will provide attendees valuable insights from the trenches. The panel will address a broad range of issues, including:

  • The Defend Trade Secrets Act (DTSA)
  • Trade secret misappropriation as the predicate act of a RICO claim
  • Damages and entitlement of alternative monetary relief
  • Anti-SLAPP issues
  • Constitutional issues, such as the First Amendment, the Fifth Amendment, and the Seventh Amendment

For more information or to register for the IP Institute, click here: https://calawyers.org/Sections/Intellectual-Property-Law/Education/IP-Institute

Seyfarth Shaw Partners Erik Weibust and Robert Fisher recently published a Law360 article about the new Massachusetts Non-Compete Law that goes into effect on October 1, 2018. Weibust and Fisher describe the new rules, the impact of the new provisions, and how businesses can comply. To learn more about this new non-compete law in Massachusetts, check out “Navigating The New Mass. Noncompete Morass” from Law360 here.

 

Massachusetts Federal Court Enjoins Seafood Supplier Executive from Working for Competitor After Downloading Trade Secrets

A Massachusetts Federal Court recently enjoined the former Director of Research and Development and Quality Assurance of National Fish & Seafood, Inc. (“National Fish”) from working for a competing seafood supplier based in Florida after it determined that she had downloaded thousands of documents from National Fish’s computer systems during her final days with the company.  Kathleen Scanlon had worked for the Gloucester, Massachusetts-based seafood supplier for twenty-three years when she was approached by the CEO of Tampa Bay Fisheries, Inc. (“Tampa Bay Fisheries”) to see if she was interested in taking a position as director of food safety for the company. Continue Reading There’s Something Fishy Going on Here: MA Federal Court Enjoins Seafood Supplier Executive

A three-judge panel of the Ninth Circuit Court of Appeals1 recently upheld the position of the California Attorney General (AG) that charities located or doing business in California must provide a copy of their unredacted Form 990 Schedule B, including the names, addresses and contribution amounts for all donors listed with the annual report filed with the AG.2 While the AG has indicated that the collected information will not be made publicly available, this is unwelcome news for charities that are concerned about protecting their donors’ identities.3 Continue Reading Ninth Circuit Court of Appeals Reaffirms CA Attorney General’s Demand for Donor List

Seyfarth Partner and Trade Secrets, Computer Fraud & Non-Compete Practice Group Co-Chair Robert Milligan is moderating the panel for “The Employee Life Cycle Relating to Trade Secrets” session on November 5 at The Sedona Conference Working Group 12 Inaugural Meeting 2018 in Los Angeles, California. “The Employee Life Cycle Relating to Trade Secrets” session will develop guidelines for new employers to avoid unintentionally receiving or benefiting from the trade secrets of another company and for employees to avoid unintentionally placing their employer’s trade secret information at risk of misappropriation. Continue Reading Seyfarth Shaw Trade Secrets Attorneys Participating in The Sedona Conference Working Group 12 Inaugural Meeting 2018

On October 25-­27, 2018, Seyfarth attorneys will be attending the American Intellectual Property Law Association’s (AIPLA) Annual Meeting in Washington, D.C.—this is one of the preeminent events for trade secret practitioners across the country.  Boston partner Erik Weibust will formally take on the role of Vice Chair of the AIPLA’s Trade Secrets Law Committee at the Annual Meeting, and Seyfarth’s National Litigation Department Chair Katherine Perrelli is presenting “Strategies for Enforcing Compliance with Trade Secret Injunctions, Restraining Orders, and Other Remedial Orders” program on Friday, October 26th. Seyfarth partners Erik Weibust and Dawn Mertineit and associate Andrew Stark will also be in attendance.

Other meeting highlights include:

  • Understand the Foreign Corrupt Practices Act and its implications on IP practice
  • Learn about the newest advancements in technology like how the Internet of Things and Artificial Intelligence will affect IP law
  • Learn tips and tricks on handling trademark portfolios, managing cybersecurity, and collecting royalties
  • Learn strategies for navigating antitrust concerns and trade secret injunctions

Learn more or register at http://www.aipla.org/learningcenter/AM18/Pages/default.aspx

What Businesses Need to Know About Non-Compete and Trade Secrets Law

Seyfarth’s Trade Secrets, Computer Fraud, and Non-Competes Practice Group is pleased to provide the 2018-2019 edition of our one-stop 50 State Desktop Reference, which surveys the most-asked questions related to the use of restrictive covenants and intellectual capital protection in all 50 states, including the recent non-compete legislation passed in Massachusetts this August. For the company executive, in-house counsel, or HR professional, we hope this guide will provide a starting point to answer your questions about protecting your company’s most valuable and confidential assets.

To request a hard copy or a pdf of the 2018-2019 edition of the 50 State Desktop Reference, click the button below.

As a special feature of our blog—guest postings by experts, clients, and other professionals—please enjoy this blog entry from Donal O’Connell, Managing Director of Chawton Innovation Services Ltd.

Managing trade secrets belonging to Third Parties:

At first glance, you may be somewhat perplexed by the title. When and why should a company be concerned about managing trade secrets belonging to some 3rd party? It is tough enough for most companies to properly and professionally manage their own trade secrets, not to mind worrying about the trade secrets belonging to others. However, more and more, companies are indeed facing the challenge of having to manage trade secrets belonging to others. Allow me to explain. Continue Reading The Sharing of Trade Secrets with Others

Please join us for a one-hour CLE webinar on Monday, September 24, 2018, at 1:00 p.m. Eastern / 12:00 p.m. Central / 10:00 a.m. Pacific.

Trade secrets are critical intellectual property for most businesses, and the threat to trade secrets continues to increase year after year. It’s vital for companies to protect trade secrets, both in the U.S. and abroad. It’s also important for companies to know how to enforce their rights in regards to trade secrets. In Seyfarth’s sixth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Daniel Hart, Marjorie Culver, Alex Meier, and Paul Yovanic will cover the following:

  • How to identify the greatest threats to trade secrets
  • Tips and best practices for protecting trade secrets abroad
  • Enforcement mechanisms and remedies