Posted 7 hours ago

NLRB Rules That “Liking” A Facebook Comment Is Protected Activity

The National Labor Relation Board (“Board”) issued its latest decision on social media issues on August 22, 2014. In Triple Play Sports Bar & Grille, 361 NLRB No. 31 (2014), the Board ruled that a Facebook discussion regarding an employer’s tax withholding calculations and an employee’s “like” of the discussion constituted concerted activities protected by the National Labor Relations Act (“Act”). The Board also held that the employer’s internet and blogging policy violated the Act.

Posted 1 day ago

Appellate Court Orders Trial Judge To Rewrite Parties’ Non-Compete Covenant To Make It Enforceable

An asset purchase and sale agreement included unusual non-competition provisions. They authorized a court to redo any time, scope and area restrictions held to be unenforceable.

Posted 1 day ago

ABA Annual Meeting Recap: Latest Developments in Trade Secret and Non-Compete Law

The CLE program “Latest Developments in Trade Secret and Non-Compete Law” provided attendees with an overview of legislative efforts to enhance the protection of trade secrets at the federal and state levels, highlighted legislative activities and court rulings related to the enforceability of non-compete agreements in various states, discussed legislative developments in the areas of social media and cyber espionage, and described best practices for protecting trade secrets at the corporate level.

Posted 2 days ago

Massachusetts Governor Makes Last Ditch Effort to Pass Non-Compete Legislation Before His Term Ends

As you may recall, we recently reported that Massachusetts legislators’ attempts to pass a bill altering the landscape of non-compete enforceability (including Governor Deval Patrick’s bold push to ban non-compete agreements altogether) failed yet again. As has become a nearly perennial event in the Commonwealth, efforts to push legislation through by the close of the session were frenzied, but ultimately much ado about nothing.

Posted 6 days ago

What You Need to Know About Trade Secrets in India

Of all the intellectual property generated by a company, its trade secrets are perhaps the most important. However, unfortunately, in India, they are also the most neglected and vulnerable. This vulnerability is due to the fact that India offers no statutory recognition to an establishment’s trade secrets. Unlike other jurisdictions, trade secrets are not covered within the purview of Intellectual Property law in India. Companies therefore, have to rely on contractual and common law mechanisms to protect and prevent their proprietary information from falling into the hands of third parties, especially, competitors. Recognising the intrinsic value and vulnerability of trade secrets, courts in India, have generally upheld trade secret protection. This note sketches the broad outline of trade secret protection law existing in India, and examines some of the principles laid down by Indian courts in that regard.


Posted 1 week ago

The French Answer To Flexible Working: The Right To Privacy and To Limit Work After Business Hours

Ever since the first laws on the 35-hour week were enacted over fifteen years ago, monitoring working time has been a headache for employers in France. With the introduction of new technology and mobile devices, the situation has worsened. The French approach to flexible working is to reaffirm that employees have the right to privacy and in some sectors the obligation to disconnect, as recently shown by the CNIL, the French Data Privacy Watchdog and the SYNTEC Federation.

Posted 1 week ago

Steps to Protect Trade Secrets in the Non-Profit Sector and Balance the Need for Transparency

Despite the altruistic nature of some non-profits, they too are entitled to trade secret protection. The American Red Cross, a venerable stalwart in the disaster relief sector, recently found itself in the precarious position of seeking trade secret protections in responding to a letter from the New York State Attorney General’s office seeking information on how it spent Hurricane Sandy disaster relief donations after ProPublica, an independent news source, filed a public records request pursuant to New York’s Freedom of Information Law (FOIL).

Posted 1 week ago

Upcoming Webinar: Ins and Outs of Prosecuting and Defending Trade Secret Injunction Cases

On Tuesday, September 16, 2014 at 12:00 p.m. Central, Seyfarth attorneys, Justin Beyer, Dawn Mertineit and James Yu will present the seventh installment in its series of 2014 Trade Secret Webinars. They will focus on the issues confronting plaintiffs in preparing for and prosecuting trade secret cases as well as the particularities of conducting defensive discovery prior to a trade secret preliminary injunction hearing.

Posted 2 weeks ago

Push for Federal Trade Secret Legislation Gaining Momentum

Federal legislators introduced bills this year to create a civil cause of action for private litigants in federal court for trade secret misappropriation.

Posted 2 weeks ago

Kansas Federal Court Denies Preliminary Injunction For Alleged Violation Of Confidentiality And Non-Compete Covenants under Canadian Law

The plaintiff corporation — now a Delaware LLC based in Kansas — was headquartered in Alberta, Canada at the time its employees signed agreements containing confidentiality and non-compete covenants. The agreements designated the applicable law to be that of Alberta. When its ex-employees allegedly violated the covenants, the plaintiff sued them and their new employer in a Kansas federal court. Relying largely on Alberta law, that court recently denied the plaintiff’s motion for entry of a preliminary injunction.