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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

In Seyfarth’s first webinar in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Michael Wexler, Robert Milligan, and Joshua Salinas presented 2017 National Year In Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law. The panel reviewed noteworthy cases and other legal developments from across the nation over the last…
Continue Reading Webinar Recap! 2017 National Year In Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law

On January 25th at 12:00 p.m. Central Time, in Seyfarth’s first installment of its 2018 Trade Secrets Webinar series, Seyfarth attorneys will review noteworthy cases and other legal developments from across the nation over the last year in the areas of trade secrets and data theft, non-competes and other restrictive covenants, and computer fraud. Plus, they will provide their predictions…
Continue Reading Upcoming Webinar! 2017 National Year In Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law

Throughout 2017, Seyfarth Shaw’s dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant issues facing clients today in this important and ever-changing area of law. The series consisted of six webinars:

  1. 2016 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets,
    Non-Compete and Computer Fraud Law
  2. Simple Measures for Protecting Intellectual Property and Trade Secrets
  3. Protecting Confidential Information and Client Relationships in the Financial Services Industry
  4. Protecting Your Trade Secrets in the Pharmaceutical Industry
  5. Trade Secret Protection: What Every Employer Needs to Know
  6. Protecting Trade Secrets in the Social Media Age

Continue Reading 2017 Trade Secrets Webinar Series Year in Review

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition of accessing a computer “without authorization” when using someone else’s credentials (with that other user’s permission) after the owner of the computer expressly revoked the first person’s own access rights. In denying certiorari, the Court effectively killed the petitioner’s legal challenge to his conviction in a long-running case that we have extensively covered here, here, here, here, here, here, and here (among other places). The denial of certiorari leaves further development of the scope of the CFAA in the hands of the lower courts.
Continue Reading Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act Unclear

As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Jonathan Karchmer, a senior managing consultant at iDiscovery Solutions.

Determining whether programs or malware actually ran on a system is an important goal of seasoned examiners when investigating computer evidence. Generally, there are several artifacts left behind anytime executables are run—regardless of whether the program is Outlook, Chrome, or something malicious. Today we’ll cover some artifacts we encounter on Windows systems.
Continue Reading Locating Digital Breadcrumbs: Programs Can Run, But They Can’t Hide

The use of open file sharing platforms in business continues to increase in 2017; Dropbox alone has over 200,000 active business accounts. Unfortunately, the convenience of these platforms and the increase in use by businesses attracts the attention of hackers as well. File sharing platforms and accounts have a high “hack value”—the overall value of the accounts on the dark web—due to the relative ease with which account can be obtained and the sensitivity of the information stored on these platforms.

The risk associated with the use of file share platforms is twofold. First, company supported file share is attractive to attackers because it is guaranteed to contain sensitive information. Second, file share platforms available to employees outside of the company—e.g. the employee Google Drive account—may be used to store company information, but likely do not use the same security standards as those enforced by the company. Attacks on file share platforms are also very real. In August of 2016 Dropbox forced users to reset their passwords based on a breach—60 million account credentials compromised—that had been discovered but was executed four years earlier in 2012.
Continue Reading File Share Platforms and Business Risk

We are pleased to announce the webinar “2016
National Year In Review:webinar What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law” is now available as a webinar recording.

In Seyfarth’s first installment of its 2017 Trade Secrets Webinar series, Seyfarth attorneys reviewed noteworthy cases and other legal developments from across the…
Continue Reading Webinar Recap! 2016 National Year In Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law

shutterstock_533123590Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m. Central, where we will discuss these new developments, their potential implications, and our predictions for 2017.

1. Defend Trade Secrets Act

One of…
Continue Reading Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

webinarOn Thursday, February 2, at 12:00 p.m. Central, Seyfarth attorneys Robert Milligan, Michael Wexler, and Daniel Joshua Salinas will present 2016 National Year In Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law.

In Seyfarth’s first installment of its 2017 Trade Secrets Webinar series, Seyfarth attorneys will review noteworthy cases…
Continue Reading Upcoming Webinar! 2016 National Year In Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law