On November 1, 2018, the California Court of Appeal, Fourth Appellate District affirmed a trial court’s ruling in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. et al., Case No. D071924, Cal. App (2018) which (1)...more
11/14/2018
/ Attorney's Fees ,
Breach of Contract ,
Confidentiality Agreements ,
Corporate Counsel ,
Declaratory Relief ,
Employment Contract ,
Employment Litigation ,
Misappropriation ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Nurses ,
Popular ,
Staffing Agencies ,
Summary Judgment ,
Trade Secrets ,
Traveling Employee ,
Unfair Competition
Built into the definition of a trade secret is the requirement to have reasonable secrecy measures. Companies that do not use non-disclosure agreements with their employees can be at a tremendous disadvantage if they decide...more
2018 Amendment to California’s Auto-Renewal Law Adds New Requirements For Promotional Offers and Cancellation Mechanisms....more
On October 9, Los Angeles County Superior Court Judge Frederick Shaller confirmed his tentative decision weeks earlier that the “show cause” penalty in the NCAA’s bylaws violates California law....more
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...more
10/8/2018
/ Anheuser-Busch ,
Anti-SLAPP ,
Beer ,
Beverage Manufacturers ,
Breach of Contract ,
Class Action ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Free Speech ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Likelihood of Success ,
Misappropriation ,
Motion to Dismiss ,
Motion To Strike ,
Non-Disclosure Agreement ,
Product Labels ,
Remand ,
Trade Secrets ,
Vacated ,
Whistleblower Protection Policies ,
Whistleblowers
Back in 2015, we covered the divided holding of the Ninth Circuit in Golden v. California Emergency Physicians Medical Group, that a “no re-hire” provision in a settlement agreement could constitute a restraint of trade in...more
Certain restaurants, grocers, and other food establishments will soon be required to comply with the Food and Drug Administration’s (“FDA”) menu labeling rules. The FDA previously finalized menu labeling rules in connection...more
Certain restaurants, grocers, and other food establishments will soon be required to comply with the Food and Drug Administration’s (“FDA”) menu labeling rules. ...more
Continuing our annual tradition, we present the top developments and headlines for 2017 and what we expect in 2018 in trade secret, computer fraud, and non-compete law....more
3/6/2018
/ Alphabet Company ,
Automotive Industry ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Driverless Cars ,
Employee Privacy Rights ,
Facebook ,
Forum Selection ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Social Media ,
State and Local Government ,
Technology Sector ,
Trade Secrets ,
Uber ,
US v Nosal ,
Whistleblower Protection Policies
To develop consensus and non-partisan principles for best practices in managing trade secret litigation and well-vetted recommendations for consideration in protecting trade secrets, recognizing that every organization, both...more
Continuing our annual tradition, we present the top developments/headlines for 2017/2018 in trade secret, computer fraud, and non-compete law....more
2/19/2018
/ Alphabet Company ,
Computer Fraud and Abuse Act (CFAA) ,
Cybersecurity ,
Defend Trade Secrets Act (DTSA) ,
Encryption ,
Facebook ,
Forum Selection ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
Social Media ,
State and Local Government ,
Trade Secrets ,
Uber ,
US v Nosal
On December 6-8, the inaugural Sedona Conference on trade secrets took place in Scottsdale, Arizona. The invitation-only conference brought together outside counsel, in-house counsel, and experts to have an in-depth...more
In Seyfarth’s first installment of its 2018 Trade Secrets Webinar series, Seyfarth attorneys will review noteworthy cases and other legal developments from across the nation over the last year in the areas of trade secrets...more
On June 3, 2017, Governor Sandoval signed Assembly Bill 276 into law, amending Nevada Revised Statute 613, which governs non-competition agreements. Notably, the law adds requirements to the enforceability and validity of...more
Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more
7/7/2017
/ Defend Trade Secrets Act (DTSA) ,
Driverless Cars ,
Intellectual Property Litigation ,
Misappropriation ,
Patent Infringement ,
Patents ,
Preemption ,
Trade Secrets ,
Uber ,
Unfair Competition ,
Unfair Trade Practices Act
On June 3, 2017, Governor Sandoval signed Assembly Bill 276 into law, amending Nevada Revised Statute 613, which governs non-competition agreements. Notably, the law adds requirements to the enforceability and validity of...more
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for...more
The Food and Drug Administration (“FDA”) has extended the compliance date for its menu labeling rules just days before the final rules were set to take effect....more
5/9/2017
/ Delays ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Grocery Stores ,
Marketing ,
Menu-Labeling ,
Nutrition Facts Labels ,
Public Comment ,
Restaurant Industry ,
Retail Market
Seyfarth Synopsis: An environmental remediation technologies company is in the midst of litigation in Chinese courts over a $1.2 million contract to provide its technology to a Chinese company. According to the Chinese...more
Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more
1/28/2017
/ Computer Fraud and Abuse Act (CFAA) ,
Data Theft ,
Defend Trade Secrets Act (DTSA) ,
EU Trade Secrets Directive ,
Forum Selection ,
International Trade Commission (ITC) ,
Misappropriation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
Scope and Duration of Restrictive Covenant ,
Section 337 ,
Security Breach ,
State Legislatures ,
TN Supreme Court ,
Trade Secrets
Seyfarth Synopsis: A new federal civil cause of action is now available to trade secrets owners seeking to pursue claims of trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”). To take full advantage of...more
5/12/2016
/ Asset Seizure ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Ex Parte ,
Immunity ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Popular ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
Congress passed federal trade secrets legislation today. On April 4, 2016, the Senate passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, on April 20, 2016, the House Committee approved S. 1890 by...more
On April 4, 2016, the Senate Judiciary Committee passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, House Judiciary Committee Chairman Bob Goodlatte (R-VA) released a statement in which he applauded...more
Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade.
California, mecca of the film and media production industries in the U.S., is notorious for...more
The U.S. Senate passed on a unanimous 87-0 vote the Defend Trade Secrets Act of 2016 late Monday.
The bill will create a civil cause of action in federal court for trade secret misappropriation and provide remedies that...more