We are seeing a steep increase in restrictive covenants legislation across the country with laws and enforceability widely varied from state to state. So how do companies that have seen their workforce distributed in more...more
In January of this year, the DOJ indicted the Chinese telecom giant Huawei on counts of theft of trade secrets conspiracy, attempted theft of trade secrets, wire fraud, and obstruction of justice. On August 1, Huawei moved to...more
9/4/2019
/ 5G Network ,
Bad Actors ,
China ,
Confidential Information ,
Criminal Conspiracy ,
Criminal Prosecution ,
Discrimination ,
Economic Injuries ,
Huawei ,
Intellectual Property Protection ,
Misappropriation ,
Motion to Dismiss ,
Obstruction of Justice ,
T-Mobile ,
Telecommunications ,
Trade Secrets ,
Trade Wars ,
Trump Administration ,
Wire Fraud
After a weeklong June trial, a Texas federal jury awarded Six Dimensions, Inc. (“Six Dimensions”), a digital marketing firm, $287,000 for its breach-of-contract claim against its former employee but rejected its behemoth $50...more
Last week, the United States Senate Judiciary Committee announced the creation of a new subcommittee on intellectual property....more
Employers in many industries use non-compete agreements as a key tool to protect trade secrets. According to U.S. Treasury reports, non-compete agreements impact approximately 30 million – nearly one in five – U.S. workers,...more
A $700 million jury award for trade secrets misappropriation and fraud is the product of a collusive scheme to deceive the jury, claims title insurance and valuations provider Amrock, formerly known as Title Source, in its...more
In July 2018, a federal judge in Wisconsin imposed a $1.5 million penalty—the maximum statutory fine—against Chinese wind turbine manufacturer, Sinovel Wind Group Co. Ltd., for stealing trade secrets from Massachusetts-based...more
On May 3, 2018, the New York Court of Appeals held that data copied onto a server constitutes a tangible reproduction for purposes of liability under the New York Penal Code, marking the end of Sergey Aleynikov’s nine year...more
Christopher Hughes worked for Age Industries, Ltd. (“AI”) for nearly 20 years. He was the general manager of one of AI’s branch facilities and a limited partner of the company. In this role, Hughes had access to much of AI’s...more
Non-compete agreements have long been used by employers as an effective tool to protect their valuable trade secrets and confidential information. However, employers’ overuse of non-compete agreements and employers’ practice...more
9/16/2016
/ Employer Liability Issues ,
Employment Contract ,
Fast-Food Industry ,
Freedom To Work Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Low-Wage Workers ,
Minimum Wage ,
New Legislation ,
Non-Compete Agreements ,
Restaurant Industry ,
Restrictive Covenants ,
Trade Secrets ,
Unconscionable Contracts ,
Wage and Hour
It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised...more
With President Barack Obama's signature on Wednesday, the Defend Trade Secrets Act ("DTSA" or "Act") has now become law. Where trade secrets were once protected only at the state level, the DTSA now federalizes trade secrets...more
5/16/2016
/ Asset Seizure ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
With its passage by the House of Representatives, the Defend Trade Secrets Act ("DTSA" or "Act") has now cleared both houses of Congress and will be sent to President Obama for his approval. Where trade secrets were once...more
5/6/2016
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
Pending Legislation ,
Popular ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
Companies seeking protection under the California Uniform Trade Secrets Act (“CUTSA”) should consider the effects of CUTSA preemption on their litigation strategy. Under the well-known Silvaco Data System v. Intel Corporation...more
It is one of those magical times during the year when sports fanatics can enjoy three major American sports all at the same time: the MLB playoffs are in full swing; the NFL season has finally kicked off; and the NHL saw the...more
The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank. The decision not only resolved the...more
The start of a new year is a perfect opportunity to set lofty goals of self-improvement. While the odds of completing a New Year’s resolution aren’t exactly inspiring (over half are expected to fail within six months) studies...more
The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to...more
The U.S. District Court in San Francisco was busy this month sentencing defendants in two of the year’s biggest trade secrets cases.
First, on July 10, U.S. District Court Judge Jeffrey S. White sentenced Walter...more
We rely on the federal government for a lot of things, but helping a corporation recover attorney’s fees is not something that immediately comes to mind. ...more
Employers know all too well that their own employees are often the most likely people to misappropriate their confidential and proprietary information and their valuable trade secrets. Employers have plenty of weapons at...more
On October 16, 2013, a federal judge in New Jersey ruled that Goldman Sachs must advance the legal fees of a former employee charged with stealing Goldman’s source code. The order is the latest twist in a case that...more
In his classic song The Gambler, Kenny Rogers famously advised: “You got to know when to hold ‘em, know when to fold ‘em, know when to walk away, know when to run.” It’s good guidance for surviving a poker table, but also...more