A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former employee’s anti-SLAPP motion in a trade secret misappropriation and breach of contract case. This is the second time the case has made its way up to the Ninth Circuit. We previously reported on this case in March 2017. The panel has not yet issued its decision but the Ninth Circuit’s decision could have far reaching implications for trade secret and data theft cases involving purported whistleblowing activities.
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By Robert Milligan, Jessica Mendelson, and Joshua Salinas

Prudent employers are often looking for areas in their business where valuable company data  may not be adequately protected.

Enter the growing prevalence of third party online data storage for professional and personal use in the workplace, coupled with the increasing accessibility provided by employers to

A supervisor discovers that an employee has recently downloaded thousands of pages of confidential Company billing and financial information, and e-mailed it to her personal e-mail address. Upon further investigation, the supervisor discovers that the employee has asked other employees to also send Company documents to her personal e-mail address. This hypothethical is a scenario

By Erik Weibust and Ryan Malloy

You may recall that we previously reported on Advanced Micro Devices, Inc. v. Feldstein, et al., C.A. No. 13-40007, in which Judge Timothy S. Hillman of the U.S. District Court of Massachusetts granted a preliminary injunction against three former employees of Advanced Micro Devices (AMD) who allegedly stole

By Robert Milligan and Jessica Mendelson

Today is the deadline for public comments requested by the Obama Adminstration on any proposed changes to federal law to combat trade secret theft. 

Some legal commentators have proposed several suggested changes to improve America’s trade secrets laws, including creating a federal civil cause of action for trade secrets

By Robert B. Milligan, Jessica Mendelson, and Joshua Salinas

How does a California employer prevent its business from walking out the door along with a departing employee? In most jurisdictions, the employer could have the employees sign a non-compete agreement. Not in California.

One of the notorious employment laws that separates California from other states

According to a recent Arizona federal court decision, (a) an employee who had the right to access his employer’s confidential emails did not violate the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, by downloading 300 such documents to his personal computer and sharing them with a recently terminated employee; (b)

By Misty Blair

You may recall that hopes were high this summer that the Cybersecurity Act of 2012 would become law, as various advocacy groups attempted to reach compromises on the most controversial portions of the bill, resulting in it being revised to address those groups’ concerns. Then, on August 2nd, the Senate voted 52-46

MPI, a Texas company, went to Kentucky and allegedly attempted to hire two Luvata employees, Foster and Meredith. Foster joined MPI soon thereafter. Over the course of the next few months while Meredith remained a Luvata employee, he and Foster allegedly spoke by phone repeatedly. In addition, prior to leaving Luvata for MPI, Meredith

By Robert Milligan and Joshua Salinas

The Solicitor General indicated yesterday that he will not file a petition for a writ of certiorari with the Supreme Court in U.S. v. Nosal.

It was anticipated by some legal commentators that a Supreme Court decision in Nosal may resolve a deepening split between the Circuit Courts