Posted 1 hour ago

Ohio Court Issues Significant Non-Compete Decision: Damages for a Breach are the Payor’s Lost Profits, Not the Amount of Consideration

The usual measure of monetary damages for violation of a covenant not to compete, even where the violator was paid a discreet sum for the covenant, is the amount that puts the injured party in the same position it would have been in if the contract had been performed. Briggs v. GLA Water Management, 2014 Ohio 1551 (Ohio App., Apr. 11, 2014).

Posted 5 days ago

Scott Schaefers Discussing Employee Social Media Privacy – How Employers Can Strike the Necessary Balance

On April 16th, Scott Schaefers spoke with LexBlog’s Colin O’Keefe in a live online interview about what employers need to know about the social networking privacy legislation passed by thirteen states in the last two years. Scott discussed Seyfarth’s soon-to-be-published survey of that legislation, as well as some ideas of what employers can do to protect its proprietary assets. Those interested in more detail can attend our upcoming April 24th webinar, in which we will present the various features of the new laws, as well as what to expect in the courts.

Posted 5 days ago

Update: Massachusetts Governor Proposes Sweeping Legislation Banning Non-Compete Agreements

As we reported last week, Massachusetts Governor Deval Patrick has proposed sweeping legislation that would eliminate employee non-compete agreements in Massachusetts. Now that we have had an opportunity to review the Governor’s bill, entitled “An Act to Promote Growth and Opportunity” (HB4045), we wanted to report back on its content and the implications should it pass. While the bill includes a number of proposed changes and additions to existing laws on a variety of subjects, two main provisions are of particular interest here.

Posted 6 days ago

Third Circuit Signals Pro-Defendant Interpretation of the Computer Fraud and Abuse Act’s “Authorized Access” Provisions

On April 11th, the Third Circuit Court of Appeals reversed the conviction and 41-month prison sentence of a Computer Fraud and Abuse Act (CFAA) defendant, holding that he was tried and convicted in an improper venue. U.S. v. Auernheimer, No. 13-1816 (3rd Cir. Apr. 11, 2014). Though we usually do not post on procedural issues like these, we certainly post on substantive CFAA developments.

Posted 1 week ago

Breakfast Briefing: Protecting Your Most Valuable Assets — Trade Secrets, IP and Your Employees

Significant recent developments in Illinois and other states, as well as Congress, have changed the landscape of trade secret and restrictive covenant enforcement and protection. Understanding the impact of these changes, and the tools now available to employers for trade secret and restrictive covenant enforcement and protection, will help a company safeguard its most valuable assets and maintain its competitive advantage over competitors.

On Thursday, May 15th at 8:00 a.m. CST, Seyfarth Shaw’s Chicago office is hosting a Breakfast Briefing entitled “Protecting Your Most Valuable Assets – Trade Secrets, IP and Your Employees.”

Posted 1 week ago

Protecting Trade Secrets in the Age of Social Media

Come see Erik Weibust and Jeff Burns present this April at noon at the Boston Bar Association on protecting your trade secrets in the age of social media.

Posted 1 week ago

Seyfarth Shaw's Randy Bruchmiller Explains the Texas Uniform Trade Secrets Act

Posted 1 week ago

Breaking News: Massachusetts Governor Deval Patrick to Propose Legislation Eliminating Non-Compete Agreements in Certain Industries

The Boston Globe reported this morning that Massachusetts Governor Deval Patrick will propose legislation today that would eliminate non-compete agreements in technology, life sciences, and “other industries,” with his secretary of Housing and Economic Development, Greg Bialecki, stating that the administration “feel[s] like noncompetes are a barrier to innovation in Massachusetts.” No word just yet on what “other industries” might include.

Posted 1 week ago

Jury’s $920 Million Trade Secret Misappropriation Verdict Vacated

In a stunning per curiam ruling, the Fourth Circuit Court of Appeals last week vacated a judgment of nearly $1 billion, and a 20-year non-compete injunction, entered by an Eastern District of Virginia judge in favor of the DuPont Company. The appellate tribunal held that the lower court committed prejudicial error by granting DuPont’s pre-trial motion in limine to bar defendant Kolon Industries from offering any evidence relating to an earlier lawsuit involving DuPont. The case was remanded for a new trial before a different judge.

Posted 2 weeks ago

Covert Cellular: Enough Protection for Trade Secrets?

With the ever-increasing need to maintain communications with customers and your employees, mobile phones have become a requirement for business people. Spanish telecommunications company Geeksphone is targeting the business market with Blackphone, the first mobile phone that encrypts data transmissions. No one would argue against the value of increased wireless data security, but do CIA-style cellular phones really provide enough extra protection to justify the cost?