In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P. Dough”), a calzone restaurant franchisor known for late night delivery in college towns across the nation, to enjoin its former franchisee, Edward Southworth, from operating a series of Eddie’s Calzones shops in Athens, Georgia, and Columbia, South Carolina—where D.P. Dough did not even have locations at the time.

D.P. Dough asserted six different causes of action against the defendant, including (1) breach of the franchise agreement, (2) misappropriation of trade secrets, (3) copyright infringement, (4) trademark infringement, trade dress infringement, Ohio Deceptive Trade Practices Act and unfair competition, (5) tortious interference with prospective of contractual business relationships, and (6) unjust enrichment. Continue Reading Federal Court Rules Against Calzone Franchisor in Meaty Lawsuit Against Former Franchisee

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

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 with the 2017–2018 edition of our easy-to-use guide to social media privacy legislation and what employers need to know. The Social Media Privacy Legislation Desktop Reference:

  • Describes the content and purpose of the various states’ new social media privacy laws.
  • Delivers a detailed state-by-state description of each law, listing a general overview, what is prohibited, what is allowed, the remedies for violations, and special notes for each statute.
  • Provides an easy-to-use chart listing on one axis the states that have enacted social media privacy legislation, and on the other, whether each state’s law contains one or more key features.
  • Offers our thoughts on the implications of this legislation in other areas, including trade secret misappropriation, bring your own device issues and concerns, social media discovery and evidence considerations, and use of social media in internal investigations.
  • Concludes with some best practices to assist companies in navigating this challenging area.

How To Get Your Desktop Reference

To request the 2017–2018 Edition of the Social Media Privacy Legislation Desktop Reference as a pdf or hard copy, please click the button below:

Robert Milligan, along with Certified Forensic Computer Examiner Jim Vaughn, presented The Defend Trade Secrets Act – The Biglaw Partner and Forensic Technologist Perspective webinar for Metropolitan Corporate Counsel on Thursday, November 2. They focused on the key features of the DTSA and compared its key provisions to the state Uniform Trade Secrets Act (UTSA) adopted in many states, and they provided practical tips and strategies concerning the pursuit and defense of trade secret cases in light of the DTSA and some predictions concerning the future of trade secret litigation.

As a conclusion to this well-received webinar, we compiled a summary of takeaways:

  • The Defend Trade Secrets Act provides trade secret owners a new federal property right and provides them additional options and remedies when their trade secrets are stolen.
  • Employers should consider how they treat employee personally owned devices for work as well as corporate issued mobile devices. Getting access to those devices may prove to be challenging upon an employee’s departure. Having a policy and technology in place to allow the employer to gain access to their data is critical.

 

Robert Milligan, along with Certified Forensic Computer Examiner Jim Vaughn, is presenting The Defend Trade Secrets Act – The Biglaw Partner and Forensic Technologist Perspective webinar for Metropolitan Corporate Counsel on Thursday, November 2 at 1:00 p.m. Eastern.

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA), which Congress passed on April 27, 2016. With President Obama’s signature, the DTSA has now become the law of the land, and a federal civil remedy for trade secrets misappropriation now exists.

Continue Reading Robert Milligan to Present Defend Trade Secrets Act Webinar

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 theft, cybersecurity, and protection of intellectual property.

On September 28th at 12:00 p.m. Central, in Seyfarth’s fifth installment in its Trade Secrets Webinar Series, Seyfarth attorneys Justin Beyer, Ryan Behndleman, and Dawn Mertineit will discuss the relationship between trade secrets and social media.

The panel will specifically address the following topics:

  • The interplay between social media privacy laws and workplace investigations and how developing internal company policy and/or contracts can protect company assets
  • Defining, understanding, and protecting trade secrets in social media
  • How courts are interpreting ownership of social media accounts and whether social media sites constitute property
  • How to prevent trade secret misappropriation or distribution through social media channels
  • The interplay between protection of company information and ownership of company accounts in the social media age

Please join us for this informative webinar.

A recent decision from the Supreme Court of Wisconsin affirmed a trial court’s grant of summary judgment in favor of a defendant accused of conspiring to misappropriate its competitor’s trade secrets. By a 4-3 decision in North Highland Inc. v. Jefferson Machine & Tool Inc., 2017 WI 75 (July 6, 2017), the Court found that plaintiff North Highland, Inc. (“North Highland”) had failed to present sufficient evidence of misappropriation or conspiracy to proceed beyond the summary judgment stage, prompting a notably sharp exchange with dissenting Chief Justice Patience D. Roggensack and a second dissent by two other justices.

Highland is a Wisconsin-based manufacturer of industrial products. One of the companies it distributed its products to was Bay Plastics, Inc., owned by Frederick Wells. Prior to 2011, Wells decided to form a separate company to manufacture the products which Bay Plastics sold, including some of the products which it purchased from North Highland. Wells formed Jefferson Machine & Tool Inc. (“Jefferson Machine”) along with Dwain Trewyn—Wells owned 75% of Jefferson Machine and Trewyn owned the remaining 25%. At the time of Jefferson Machine’s formation, Trewyn was employed by North Highland in sales. Trewyn did not have a non-competition agreement with North Highland, but also did not inform North Highland that he would also be working at Jefferson Machine. Continue Reading Wisconsin High Court Affirms High Summary Judgment Bar to Trade Secret Misappropriation Claims

As a special feature of our blog—special guest postings by experts, clients, and other professionals—please enjoy this blog entry from Charlie Platt, a director at iDiscovery Solutions.

It’s Friday afternoon and the conversation goes a little like this, “Wait, what? They’re leaving? Where are they going? Is there any opportunity to help them reconsider?”

When a key employee departs an organization, it can take a toll on clients and colleagues, productivity, and morale. What follows is a rush of activity: current projects are reviewed, transition plans are quickly drawn up and put in place, and decisions are made about how to replace the departing employee and how to communicate the departure to the rest of the firm and clients.  Continue Reading Key Employee Departures and Trade Secret Risk Assessment

On September 7, at 3:00 p.m. – 4:00 p.m. Eastern, Robert Milligan will present “Understanding and Exploring the DTSA” CLE webinar.

The Defend Trade Secrets Act of 2016 establishes federal jurisdiction over trade secret theft and creates a federal cause of action for trade secret misappropriation. It affords damages and injunctive relief and further allows an aggrieved party to obtain an ex parte seizure of property necessary to prevent the propagation or dissemination of a trade secret. However, the law also provides immunity for certain disclosures, such as in a court filing under seal or to a government official for the purpose of reporting a suspected violation of law. Notice of the immunity provisions must be included in any contract or agreement with an employee that governs the use of a trade secret or other confidential information. Continue Reading Robert Milligan to Present “Understanding and Exploring the DTSA” CLE Webinar

In Seyfarth’s fourth webinar in its series of 2017 Trade Secrets Webinars, Seyfarth attorneys Robert Milligan and Joshua Salinas were joined by Jim Vaughn, one of California’s leading computer forensics experts, presented Trade Secret Protection: What Every Employer Needs to Know. The panel focused on how to help employers navigate the tricky trade secrets waters and provided best practices for trade secret protection.

As a conclusion to this well-received webinar, we compiled a summary of takeaways: Continue Reading Webinar Recap! Trade Secret Protection: What Every Employer Needs to Know