Posted 5 days ago

Upcoming Webinar: Protecting Trade Secrets Presented By Seyfarth Shaw LLP, CREATe.org and PwC

On Tuesday, October 7, 2014 at 12:00 p.m. Central, please join Robert B. Milligan, partner and co-chair of Seyfarth Shaw’s Trade Secrets, Computer Fraud & Non-Competes practice group, Erik Weibust partner in Seyfarth’s Boston office and member of the Trade Secrets, Computer Fraud & Non-Competes practice group along with the Center for Responsible Enterprise and Trade, CREATe.org’s CEO Pamela Passman and Marissa Michel, Director in PwC’s Forensic Services practice for a 90-minute webinar presentation as they take a rigorous look at the issue or trade secret theft and discuss insights from a recent PwC – CREATe.org report: Economic Impact of Trade Secret Theft: A framework for companies to safeguard trade secrets and mitigate potential threats.

Posted 5 days ago

Trade Secret Mediation: Advice from a Mediator’s Perspective

Trade secret litigation often involves deep levels of distrust, heated emotional exchanges, suspicion and anger on the part of parties and counsel. One source of the problem lies at the heart of a trade secret misappropriation claim: the allegation that a “theft” has occurred, and each party’s perception of the other party resulting from that allegation. The plaintiff alleges its property has been stolen by the defendant. If the plaintiff desires to avoid the time and expense of trial, the victim must now negotiate with the thief, adding insult to injury. The defendant, on the other hand, may express outrage at being accused of theft, and suspect the litigation is merely a fishing expedition by the plaintiff to uncover the defendant’s own trade secrets.

Posted 5 days ago

Webinar Recap! Protecting Confidential Information and Client Relationships in the Financial Services Industry

We are pleased to announce the webinar “Protecting Confidential Information and Client Relationships in the Financial Services Industry” is now available as a podcast and webinar recording.

Posted 2 weeks 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 2 weeks 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 2 weeks 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 3 weeks 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 3 weeks 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.

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Posted 3 weeks 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 3 weeks 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).