Continuing our annual tradition, we have compiled our top developments and headlines for 2018-2019 in trade secret, non-compete, and computer fraud law....more
1/29/2019
/ Blockchain ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
FOIA ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
Petition for Writ of Certiorari ,
Restrictive Covenants ,
Trade Secrets ,
Whistleblower Protection Policies
A California federal district court recently granted a TRO and preliminary injunction against a general manager who allegedly misappropriated customer information from his previous employer in violation of the California...more
Throughout 2018, 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
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
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
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
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
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
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
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
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
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
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
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