On Wednesday, November 28, 2018, at 1:00 to 2:30 p.m. Eastern, Seyfarth Partner and Trade Secrets, Computer Fraud & Non-Compete Practice Group Co-Chair Robert Milligan is presenting a Strafford live webinar. The “Drafting Enforceable Non-compete and Non-Solicitation Agreements: Compliance with New State Statutes and Case Law” webinar panel will discuss recent legislative and case law trends regarding non-compete and non-solicitation agreements, offer best practices for structuring permissible contracts, and explain how to determine whether existing agreements are lawful.

The webinar will focus on the following topics:

  • What are the recent legislative changes affecting restrictive covenants?
  • What are the recent case law decisions affecting non-compete and non-solicitation agreements?
  • How can employers structure restrictive covenants to comply with new laws and decisions?
  • How can employment counsel analyze existing agreements for compliance?

For more information and to register for the webinar, click here.

Please join us for a one-hour CLE webinar on Wednesday, November 14, 2018, at 1:00 p.m. Eastern / 12:00 p.m. Central / 10:00 a.m. Pacific.

Trade secret misappropriation is increasingly gaining the attention of law enforcement authorities. This reality creates different dynamics and risks depending on whether a company is being accused of wrongdoing or is the victim of such conduct. On Wednesday, November 14, 2018, at 12:00 p.m. Central, Seyfarth Shaw attorneys Jesse Coleman, Andrew Boutros, and John Schleppenbach will present the “Criminal Trade Secret Theft Update” webinar, the seventh installment in Seyfarth’s 2018 Trade Secrets Webinar Series.

The webinar will focus on criminal liability for trade secret theft, including:

  • Key statutes: Economic Espionage Act, Computer Fraud and Abuse Act, and the Defend Trade Secrets Act
  • Key elements for criminal prosecution
  • Factors that prosecutors consider when deciding whether and what to prosecute
  • How to work with federal prosecutors and their law enforcement partners
  • Civil RICO under the Defend Trade Secrets Act
  • Best practices for avoiding misappropriation and what to do when you suspect misappropriation has occurred

In Seyfarth’s sixth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Daniel Hart, Marjorie Culver, Alex Meier, and Paul Yovanic Jr. focused on how to identify the greatest threats to trade secrets, tips and best practices for protecting trade secrets abroad, and enforcement mechanisms and remedies.

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

  • You don’t want to be in a position where you’re relying exclusively on trade secrets law to protect proprietary information. When possible, execute a confidentiality agreement. This will not only protect a wider range of information, but also often helps with securing pre-discovery injunctive relief.
  • In order to adequately protect trade secrets abroad, companies should inform employees of the important nature of secret information, take steps to secure secret information and limit access only to necessary employees, and avoid liability without culpability by revising employment agreements and informing new hires of the prohibited conduct.
  • Restrictive covenants abroad are easier to enforce when agreements are narrowly tailored for duration, geographic scope, and nature and when penalties are reasonable.
  • For international misappropriation, consider whether you want to pursue relief in the foreign jurisdiction or in the United States. The Defend Trade Secrets Act and, in some instances, Section 337 actions before the International Trade Commission rules offer powerful alternatives to proceedings in other jurisdictions.

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

On Wednesday, August 29, 2018, Seyfarth Shaw Partners Katherine Perrelli, Dawn Mertineit, and Justin Beyer are presenting a webinar focused on trade secret audits. The ITechLaw webinar, titled “The Anatomy of a Trade Secret Audit,” is from 9 a.m. to 10 a.m. Eastern Time and will cover the following topics:

  • Identifying trade secrets and secrecy protections
  • Effective secrecy protections, including employment and non-compete agreements
  • Effective hiring and termination protocols, including effective exit interviews and termination protocols
  • Employing a comprehensive approach and trade secret protection plan
  • Managing and working to protect computer-stored data, including responding to emergency issues related to computer fraud and security breaches

For more information or to register for the webinar, click here.

In Seyfarth’s fifth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Kate Perrelli, Erik Weibust, and Dawn Mertineit focused on Massachusetts non-compete and trade secrets reform. At long last, Massachusetts Governor Charlie Baker signed a Non-Compete Reform Bill into law on August 10. The presenters focused on what businesses should understand about the impacts of the changes, what to expect next, and how to safeguard assets and maintain an advantage over competitors.

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

  • Non-competes must be limited to one year, but can be extended to two if the employee breaches his or her fiduciary duty or steals company property.
  • Must be in writing and signed by both parties; at least 10 days’ notice must be provided to employees/candidates; and the right to counsel must be explicit in the agreement.
  • Garden leave is not required.  “Other mutually agreed-upon consideration” is adequate.  But what that means, and whether the court will even assess the adequacy of consideration, is left to the courts to determine.
  • Continued employment is no longer sufficient consideration.  Something more, that is “fair and reasonable” must be provided.  Again, what that means is left to the courts to determine.
  • Choice of law and venue requirements are likely unenforceable in other states and in federal court.  Nevertheless, comply with the law in case an employee files a declaratory judgment action in Massachusetts.
  • Bottom line:  Be clear in your agreements.  All the law really does is establish what must, may, and may not be included in private agreements.

Please join us for a one-hour CLE webinar on Thursday, August 16, 2018, at 1:00 p.m. Eastern / 12:00 p.m. Central / 10:00 a.m. Pacific.

On August 10, Governor Charlie Baker signed a Non-Compete Reform Bill into law. Although the bill largely codifies existing common law, there are some significant changes that companies with employees is Massachusetts should be aware of. Among other things, non-competes may not be enforced against certain types of employees; continued employment will no longer be sufficient consideration for existing employees; any employees subject to non-compete restrictions must be provided with “garden leave” (i.e., 50% of their base pay) during the restricted period, or “other mutually agreed upon consideration” (which is not defined); there are new notification requirements, and agreements with Massachusetts employees purportedly may not apply the laws of other states or mandate venue for lawsuits outside of Massachusetts.

As part of the same overarching economic development bill, Massachusetts has also now joined 48 other states in adopting the Uniform Trade Secrets Act, which will also changes existing law (although without creating nearly as much confusion and uncertainty as the non-compete law).

Understanding the impact of these changes, and what to expect, will help your company safeguard its most valuable assets and maintain its advantage over competitors.  Please join Seyfarth Shaw’s Boston team for an informative webinar on what to expect when this law goes into effect on October 1, 2018.

In Seyfarth’s fourth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Robert Milligan and Scott Atkinson, along with Center for Responsible Enterprise and Trade CEO Pamela Passman, focused on identifying the greatest threats to trade secrets, implementing an effective trade secret protection program, and enacting effective risk reduction processes across an organization.

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

  • Building a culture of trade secret protection is essential for protecting against cyber threats. Simply having policies is not enough; companies need to follow up with training, acknowledgements/record keeping, and engaged leaders who lead by example.
  • One key part of an effective trade secret protection plan is having an effective onboarding and off-boarding process, including exit interviews. Exit interviews should typically be conducted, and employees should be reminded of their continuing confidentiality and other obligations to the company. Don’t forget to ask for any passwords to any company-owned mobile devices.
  • As companies build internal capabilities to protect trade secrets and ensure robust cybersecurity, those capabilities should be required of key supply chain partners or vendors that have access to trade secrets and should be measured and monitored to ensure they are effective.

On Wednesday, July 25, Seyfarth Shaw partners J. Scott Humphrey and Justin K. Beyer are presenting webinars for myLawCLE.

Scott Humphrey is presenting “Protecting Confidential Information & Client Relationships in the Financial Services Industry” webinar on July 25, 10 a.m. – 12 p.m. Eastern. The webinar will focus on the following topics:

  • What are (and are not) considered trade secrets in the financial services industry
  • Types of restrictive covenants and which covenants are most likely to be enforceable in court and before FINRA
  • Practical steps financial institutions can implement to protect trade secrets and client relationships
  • What to do if your trade secrets are improperly removed or disclosed, or if a former employee is violating his/her restrictive covenant agreements
  • How to prosecute or defend a case against a former employee who is a FINRA member
  • The impact of the Protocol for Broker Recruiting on trade secrets and client relationships

For more information or to register for “Protecting Confidential Information & Client Relationships in the Financial Services Industry” webinar, click here.

Justin Beyer is presenting “The Anatomy of a Trade Secret Audit” webinar on July 25, 2 p.m. – 4 p.m. Eastern. The webinar will focus on the following topics:

  • Identifying trade secrets and secrecy protections
  • Effective secrecy protections, including employment and non-compete agreements
  • Effective hiring and termination protocols, including effective exit interviews and termination protocols
  • Employing a comprehensive approach and trade secret protection plan
  • Managing and working to protect computer-stored data, including responding to emergency issues related to computer fraud and security breaches

For more information or to register for “The Anatomy of a Trade Secret Audit” webinar, click here.

Please join us for a one-hour CLE webinar on Tuesday, July 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. The threat to trade secrets, whether through cybersecurity or other issues, continues to increase year after year, especially with the increased use of cloud technology, social media, and the like. The alarming frequency of targeted data theft attacks leave a company’s trade secrets and confidential information vulnerable to outside threats.

In Seyfarth’s fourth installment in its 2018 Trade Secrets Webinar Series, Seyfarth attorneys Robert Milligan and Scott Atkinson, along with Center for Responsible Enterprise and Trade CEO Pamela Passman, will address the issue of cyber threats and cover the following topics:

  • Identifying the greatest threats to trade secrets and how companies fall short on protecting against these threats
  • Implementing an effective trade secret protection program
  • Enacting effective risk reduction processes across an organization
  • Meeting the “reasonable steps” requirement, including real-world examples