The Senate Judiciary Committee recently released Senate Report 114-220 regarding the Defend Trade Secrets Act of 2016 (“DTSA”). A background on and recent developments of the DTSA are discussed more fully on our blog....more
As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to immediately improve your company’s practices and add immediate value to your...more
Yesterday, the Senate Judiciary Committee held a voice vote in favor of the passage of the now amended Defend Trade Secrets Act of 2016 (“DTSA”). At this point, the Committee has not yet revealed when the current version of...more
On January 21, 2016, in Washington, the Senate Judiciary Committee will hold a meeting to consider S. 1890, the Defend Trade Secrets Act of 2015 (“DTSA”). The passage of the DTSA would provide a federal civil cause of action...more
The explosion of digital and social media enables companies to work more efficiently and to easily and creatively promote their products and services to large audiences across the globe. Modern technological developments in...more
Continuing our tradition of presenting annually our thoughts concerning the top 10 developments/headlines this past year in trade secret, computer fraud, and non-compete law, here—in no particular order—is our listing for...more
1/12/2016
/ Computer Fraud and Abuse Act (CFAA) ,
Confidentiality Agreements ,
Data Breach ,
Defend Trade Secrets Act (DTSA) ,
EU ,
Forum Selection ,
Franchises ,
NLRA ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trans-Pacific Partnership
Throughout 2015, 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...more
California’s Auto-Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) has given rise to a recent torrent of new lawsuits in California, many brought on a putative class action basis, targeting businesses that offer...more
Earlier today, the Senate Judiciary Committee held a hearing regarding the protection of trade secrets through the creation of a federal civil cause of action, which would allow trade secret victims to sue for trade secret...more
On December 2, 2015, at 10:00 a.m. EST, the United States Senate Judiciary Committee will hold a hearing concerning trade secret theft entitled “Protecting Trade Secrets: The Impact of Trade Secret Theft on American...more
Do you have workers in Pennsylvania? If so, do you ask them to sign non-competes after they have already been employed with your company for some appreciable time? If you do, you may be obligated to provide them with...more
This upcoming Halloween reminds us that employers face their own terrors in trying to protect trade secrets and other valuable company information in the workplace, particularly if they have poor onboarding and departure...more
On October 20, 2015, a Ninth Circuit panel consisting of Chief Judge Sidney Thomas and Judges M. Margaret McKeown and Stephen Reinhardt heard oral argument from the U.S. Department of Justice and counsel for David Nosal on...more
The Utah Supreme Court recently issued a significant decision laying out a presumption of harm evidentiary standard in trade secret cases, which will be very useful for plaintiffs seeking injunctive relief in cases involving...more
10/15/2015
/ Breach of Contract ,
Confidential Information ,
Evidentiary Standards ,
Forensic Examination ,
Irreparable Harm ,
Misappropriation ,
Non-Disclosure Agreement ,
Rebuttable Presumptions ,
Standard of Review ,
Summary Judgment ,
Trade Secrets ,
UT Supreme Court ,
UTSA
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...more
In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks.
1. Could you provide a brief snapshot of current trends in...more
9/21/2015
/ Bring Your Own Device (BYOD) ,
Cloud Computing ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Data Protection ,
Data Theft ,
e-Discovery ,
Economic Espionage Act ,
Electronically Stored Information ,
Employee Privacy Rights ,
European Economic Area (EEA) ,
Hiring & Firing ,
Misappropriation ,
Mobile Device Management ,
Mobile Devices ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets
With increased activity regarding proposed federal trade secrets legislation expected next month and for the remainder of the fall Congressional session, Seyfarth Shaw’s dedicated Trade Secrets/Non-Compete group has created a...more
Restaurants now have an additional year to revise their menu boards to comply with the Food and Drug Administration’s new menu labeling rules. The FDA had previously finalized new menu labeling rules in connection with the...more
Where a freely negotiated contract between two sophisticated companies included a provision barring an award of monetary relief for breach of contract, the court will enforce the provision as written and award no economic...more
Hawaii joined the small list of states that prohibit certain non-compete agreements with employees.
On June 26, 2015, Hawaii’s governor David Ige signed Act 158 which voids any “noncompete clause or a nonsolicit clause...more
Hawaii joined the small list of states that prohibit certain non-compete agreements with employees.
On June 26, 2015, Hawaii’s governor David Ige signed Act 158 which voids any “noncompete clause or a nonsolicit clause...more
Seyfarth attorneys will present the fifth installment in our 2015 Trade Secrets Webinar Series. They will focus on recent legal developments in California trade secret and non-compete law and how it is similar to and diverse...more
U.S. Senators Al Franken (D-Minn.) and Chris Murphy (D-Conn.) proposed federal legislation last week to ban the use of non-competes for low-wage employees and require companies to provide advance notice before asking...more
The Securities and Exchange Commission (SEC) announced today that it had made good on its prior promises to take a hard look at employment agreements and policies that could be viewed as attempting to keep securities fraud...more