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Protecting Trade Secrets Through Employee Surveillance: Risky Business
The difference between having a trade secret and not can come down to the steps that a company takes to protect its secrets. The Uniform Trade Secrets Act, a version of which has been adopted in 46...
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Social Media and Trade Secrets: Essential Lessons to Protect Your Company
Now Available at Your Convenience!!The use of online social media such as LinkedIn is becoming increasingly prevalent, and as a consequence, employees are often very casual about what they say and do...
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Decision Insights: Publicly Available Ingredients Do Not Invalidate Source...
The recent decision in Decision Insights, Inc. v. Sentia Group, Inc., No. 09-2300 (4th Cir., Jan. 28, 2011), features two reversals of district court decisions involving a bedrock trade secrets...
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7 Signs Your Employees Are Poachable
A recent survey by Manpower suggests that employers across the country are planning to increase their hiring during the second quarter of 2011. Are your employees poachable? Consider the following:1)...
View ArticleProtecting Trade Secrets: Confidential Information and Customer Relationships...
For any company seeking to protect its trade secrets, it is important to take reasonable measures designed to maintain the secrecy of the information at issue. Following is a list of question...
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Want to litigate in private? Opt for arbitration.
Non-compete and trade secret litigation inherently involves disclosure of confidential information. Plaintiffs argue that defendants took or used the plaintiff’s confidential information, and they...
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Exactly Which Trade Secrets Am I Enjoined From Using?
If there is one thing that non-compete and trade secret plaintiffs and defendants can agree upon, it is that injunctions need to be clear. If an injunction is going to preclude someone from doing...
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Noncompetenews.com Celebrates its First Birthday and Greatest Hits!!
This past week, Noncompetenews.com celebrated its first birthday. Our experience over the past year confirms that non-compete and trade secret issues are of widespread concern. Since our blog...
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Sealing Judicial Records in Trade Secret Litigation
It is not uncommon for parties in trade secret and non-compete litigation to ask the court for permission to file documents under seal. In a recent post, this blog discussed one court’s reaction,...
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Tortious Interference? Tell me who.
Name a few claims you’d expect to see in a non-compete case. Breach of contract. Misappropriation of trade secrets. Tortious interference with contract and relationships. These are a few claims...
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An Intoxicating Trade Secret: Sam Adams Versus Anchor Steam
Describing itself as doing business in the “Better Beer” part of the beer market, Boston Beer Corporation – the maker of Sam Adams beers – filed a lawsuit yesterday against competitors Anchor Brewing...
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Even Hooters Has Trade Secrets
Hooters Sues Competitor For Trade Secret Theft by Former Hooters Executive But Conspicuosly Omits Former Employee From Lawsuit Hooters recently sued a competitor, La Cima Restaurants, alleging...
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Mexico Non-Compete and Trade Secrets Law: A Primer for U.S. In-House Counsel
On paper, the restrictive covenant law in Mexico looks a bit like California, but on closer examination it may be easier for a company to achieve certain goals in Mexico. For U.S. practitioners,...
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China Non-Compete and Trade Secrets Law: A Primer for U.S. In-House Counsel
This is the second in our series on international non-compete and trade secrets law for U.S. corporate counsel. Today, we examine the law in the world’s second largest economy, The Peoples Republic of...
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New Jersey Passes Trade Secret Statute
The New Jersey Legislature recently passed its version of the Uniform Trade Secrets Act and has sent the bill to the Governor. Here are some of the highlights from the New Jersey Trade Secrets Act:•...
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Twas the Night Before Christmas -- Non-Compete Style
Twas the night before Christmas, when all through the company;A disgruntled employee kept saying “please jump with me.”She was trying to line up a grand, mass departure;Of which she was certain no one...
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Dispute Serves Up Lessons for Restaurateurs in Employee Defection and Trade...
A case pending in New York federal court, BLT Restaurant Group LLC v. Laurent Tourondel, Michael Cinque and LT Burger, Inc., provides a reminder of important lessons for professionals in the food...
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5 Keys to Mediating Non-Compete and Trade Secret Disputes
Mediating a non-compete and trade secrets dispute is different than mediating general commercial disputes. This is particularly true early on in litigation. Non-compete cases are front loaded by nature...
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Second Circuit Reverses Economic Espionage Conviction, Then Steps Back
This blog has previously covered the arrest, prosecution and trial of Sergey Aleynikov, the former employee and computer programmer of the Goldman Sachs Group accused and convicted of misappropriating...
View ArticleEight Reasons Small Businesses Should Use Non-Compete Agreements
Small business owners understandably may be reluctant to use non-compete agreements for many reasons. The desire to divert precious resources to paying an attorney to prepare a contract is hardly...
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