Posted 23 hours ago

Trading Secrets Readers: Cast Your Vote in the ABA’s 100 Best Legal Blogs Competition!

Voting is open for the American Bar Association’s Annual 100 Best Legal Blogs competition. You helped us get named to the list in 2013, and we hope you will cast your vote today to help keep Seyfarth’s Trading Secrets blog on the ABA’s list for 2014.

Posted 5 days ago

Seyfarth Offers 2014-2015 Edition of 50 State Desktop Reference: What Employers Need to Know About Non-Compete and Trade Secrets Law

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes Practice Group has created a one-stop Desktop Reference surveying many of the questions related to the use of employee covenants and intellectual capital protection in all fifty states. For the company executive, in-house counsel or HR professional, we hope that this booklet will provide a starting point to answer your questions about protecting your company’s most valuable and confidential assets.

Posted 6 days ago

$16 Million Awarded By Arbitrator Against 50 Cent in Trade Secret Spat

In a case out of Florida involving the rapper known as “50 Cent” an arbitrator found the rapper liable for trade secret misappropriation, among other claims, in the creation of his own line of headphones. The arbitrator awarded, the plaintiff in the case, Sleek Audio, LLC, a little over $11.5 million in damages. Attorney’s fees were also awarded to Sleek and two other individual plaintiffs in the amount of nearly $4.5 million.

Posted 6 days ago

Texas Federal Court Imposes Ongoing Royalty Rather Than Permanent Injunction Against Alleged Trade Secret Misappropriator

A Texas federal trial court, finding the absence of any legal precedence to award an ongoing royalty in a trade secret misappropriation case, looked to the patent laws to impose an ongoing royalty. As a result, rather than permanently enjoining the misappropriator from continuing, the trial court imposed a royalty, thereby allowing the victim some compensation but allowing the other party to continue its activities.

Posted 1 week ago

Eleventh Circuit Affirms Alabama Federal Court Ruling that Non-Compete Signed Prior to Employment is Void

A few months ago, we reported on a federal court decision in the Southern District of Alabama declining to enforce a non-compete and non-solicitation agreement against a former employee who executed the agreement before he began his employment. Last week, a panel of the Eleventh Circuit affirmed the District Court’s decision in an unpublished opinion.

Posted 1 week ago

Florida Court Finds That Employer Without Knowledge That Employees It Just Hired Have Non-Competes Are Not Liable For Tortious Interference With Contract

A defendant company was unaware, when it hired two individuals, that they had entered into non-competition agreements with their prior employer. As a result, according to a Florida federal court, the prior employer did not have a valid cause of action against the new employer for intentionally interfering with those non-compete obligations.

Posted 1 week ago

Time to Party Like It’s 1999… Again: Information Technology Returns to Center Stage

With the Securities and Exchange Commission’s attention again returning to cybersecurity issues, many registrants are recalling the Commission’s intense focus on “Year 2000” issues over a decade ago.

Posted 1 week ago

John Tomaszewski Explains the Supreme Court's Riley v. California Decision and What It Means for Consumer Privacy Going Forward

While the Supreme Court has taken some heat in the past for seeming to misunderstand technology and how it impacts the normal person’s life, with Riley v. California the Court demonstrated not only an unexpected fluency with how mobile phone technology has evolved, but also with how it has caused our daily sphere of privacy expectations to evolve. Just like when the police want to rifle through your house, when they want to go through your phone, the Chief Justice makes it very simple – get a warrant.

Posted 1 week ago

On the Eve of The Esplanade July 4th Fireworks Celebration -- Massachusetts May Not Blow Up Non-Competes After All -- A Compromise is in the Air

There are signs that the debate over whether to ban non-competes may end in a compromise, a result many, including this blog, have predicted.

Posted 3 weeks ago

Massachusetts Social Media Privacy Bill Hits A (Small) Bump In The Road

Not as widely covered as a bill currently pending before the Massachusetts legislature that would ban employee non-competes in the Commonwealth is a lesser known bill, entitled “An Act Relative to Social Media Privacy Protection” (S.2118), that would prohibit employers from requiring employees or applicants to hand over their social media log-in information, or requiring employees to accept invitations to connect on social media. We first reported on a previous version of this bill in 2012.