The Supreme Court has issued a much anticipated opinion on the scope of the Computer Fraud and Abuse Act (the CFAA), holding in Van Buren v. United States that an individual “exceeds authorized access” under the CFAA when he...more
The National Highway Traffic Safety Administration (NHTSA) implemented a new regulation permitting low-volume automobile manufacturers to construct and sell limited numbers of replica vehicles, subject to intellectual...more
Non-compete agreements have recently come under attack across the country, both at the state and federal levels. Massachusetts passed legislation in 2018 that imposed additional requirements on employers in order for their...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
3/8/2021
/ Anti-Raiding ,
Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
The Copyright Act ,
Trade Secrets
Although most trade secrets litigation takes place in federal or state courts, another forum for redress is the US International Trade Commission (the ITC). The ITC is renowned for the speed with which it moves its docket...more
The Federal Circuit Court has issued an opinion invalidating a post-employment invention assignment provision in an employment agreement because the assignment provision violated California law disfavoring restrictive...more
The MUTSA became effective on October 1, 2018. It largely tracks the language of the Uniform Trade Secrets Act (UTSA).
In a case of first impression, the District of Massachusetts considered whether the recently enacted...more
On August 20, 2020, the US Court of Appeals for the Seventh Circuit affirmed a $140 million jury verdict in a published opinion reiterating the important role of unjust enrichment damages in compensating victims of trade...more
In today’s Digital Era, where employee mobility is commonplace, businesses are more exposed than ever to trade secret theft by employees. As businesses move toward the complete digitization of information, lawyers involved in...more
6/26/2020
/ Bad Faith ,
Circumstantial Evidence ,
Contempt ,
Default Judgment ,
Defend Trade Secrets Act (DTSA) ,
Discovery ,
Evidence ,
Exclusions ,
Forensic Examination ,
Spoliation ,
Trade Secrets ,
Uniform Trade Secrets Acts
Many states strongly disfavor non-compete agreements, enforcing the narrowest of provisions and leaving employers in some jurisdictions with limited options for protecting their investments in intangible assets such as...more
As businesses adjust to the new reality of shelter-in-place orders compelling non-essential employees to conduct a growing amount of work at home, the exposure risk to businesses’ trade secret and other confidential...more
On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce: Does Title III of the ADA...more
10/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Dominos ,
Due Process ,
E-Commerce ,
Mobile Apps ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Reversal ,
Summary Judgment ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites