Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Podcast Episode 17)
Navigating the Nuances of the COBRA Subsidy Under the American Rescue Plan Act
Noncompete Agreements - Traps for the Unwary: Part 2
Noncompete Agreements - Traps for the Unwary: Part 1
Part 2: Practical Considerations in Managing the Risk of Employing Former Government Employees
Part 1: Practical Considerations in Managing the Risk of Employing Former Government Employees
COBRA Deadlines and Proofs of Mailing in Carter v. Southwest Airlines Co. Board of Trustees
JONES DAY PRESENTS®: Helping Clients with Trade Secret Protection
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued
Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade Secrets and the Practical Relationship Between the Two
Potential Employer Liability for Late Manifesting Occupational Diseases
Protecting Trade Secrets When Employees Depart
When employees depart – voluntarily or involuntarily – they often leave behind a digital footprint that may be critical to investigations, litigation, or regulatory compliance. Ensuring their data is properly identified,...more
Employee separation commonly involves investigations, litigation, and eDiscovery. Many employees continue to access information from their employers after separation and almost ¾ of employers report that they’ve been...more
Companies continue to adopt Bring Your Own Device (BYOD) policies to save money and relieve employees of the “two-phone burden.” However, such policies come with clear risks. Companies must remain particularly concerned when...more
Offboarding employees after they've resigned or been terminated is largely a routine process; they turn in their devices, which can then be imaged and archived. But are you routinely investigating their computer activity...more
Employee data theft happens frequently, and especially in current times where employees are leaving or being terminated. Some may be due to layoffs while others may leave for personal or other reasons. However, there is...more
On December 3, 2020, HaystackID shared an educational webcast designed to inform and update legal and data discovery professionals on considerations and approaches that can help organizations proactively and reactively...more
In late 2019, it was reported by Infosecurity Magazine that 72% of former employees admitted taking company data with them upon departure. Determining what actions a former employee took on a company device leading up to...more
Trial counsel’s ability to make skilled use of electronically stored information is often outcome-determinative in modern litigation. ESI, however, can be difficult to locate within an opponent’s often sprawling computer...more
Litigation counsel today routinely engage with large quantities of digital evidence, often with case outcomes turning on the advocate’s success at unearthing or preserving relevant electronically stored information (ESI). As...more
A Tennessee District Court recently ruled in Wachter Inc. v. Cabling Innovations, LLC, 3:18-cv-00488 (W.D. Tenn. May 7, 2019) that two former employees with permitted access to company computers were not liable under the...more
When National Fish and Seafood’s (NFS) head of research left for a new opportunity at Tampa Bay Fisheries, she may not have taken just her talents to the competition. ...more
When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more
Just over four years ago, in January 2014, a court sentenced former Korn/Ferry regional director David Nosal to one year and one day in prison for violations of the federal Computer Fraud and Abuse Act and the Espionage Act. ...more
On November 7, 2017, after a four-day trial, a federal jury in Los Angeles, California returned a verdict in favor of Dollar Tree Stores, Inc. in a class action filed against the company by former employee Francisca Guillen....more
The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more
On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more
The U.S. Supreme Court, which just began a new term on Monday with a full complement of nine justices, is expected to soon decide whether it will hear the appeal of David Nosal, the former Korn Ferry executive whose...more
The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more
In the midst of a heated litigation commenced by an employer against its former employee for alleged violations of a non-compete agreement, an employee returned the cell phone she used during her employment. Prior to...more
In July, the Ninth Circuit Court of Appeals issued two decisions by which it intends to clarify liability under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”). The CFAA imposes criminal penalties and...more
Last month, the Ninth Circuit affirmed the criminal conviction of an individual for accessing a computer “without authorization” in violation of the Computer Fraud and Abuse Act (“CFAA”). U.S. v. Nosal (9th Cir., July 5,...more
In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more
THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more
An ex-employee was recently ordered to pay his former employer AUD50,000 in damages after the Federal Court (Court) held that the employee had infringed copyright and breached his employment agreement and duty of...more