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Bradford K. Newman, Partner at PaulHastings, on Employment Issues

Bradford K. Newman, Partner and chair of the employee mobility and trade secret practice at PaulHastings, discusses the Computer Fraud and Abuse Act in the context of an employee's "authorized" use of company systems for unauthorized purposes, the duty of loyalty and faithless servant doctrine...

Are Employees' LinkedIn Contacts Considered Your Trade Secrets?

Over the past several weeks, you probably read about this case involving a company suing one of its former employees whom it alleges misappropriated a Twitter account and, along with it, 17,000 Twitter followers that the company believes it owns. A video about the case follows below: ...

Who Owns the LinkedIn Account You Maintain for an Employee?

Yesterday , we looked at a recent federal-court decision to determine whether LinkedIn connections are considered trade secrets. Let's run down the facts one more time... The case is Eagle v. Morgan . You can find a copy of Ms. Eagle's complaint here . And the defendants' counterclaim...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Fisher & Phillips: Non-Compete and Trade Secret Review for February 2013

by Michael R. Greco February 2013 was an active month in the world of non-competes and trade secrets, and if we read the tea leaves, it looks like things are only going to get busier. Before I recap some of February's highlights and direct you to some of the best resources out there on the...

The Criminalization of Employment Law

A new indictment in a trade secret case , where a former employee opened his own business, made me think about something that's been bothering me for awhile, namely, the criminalization of employment law. I did a piece about this a couple years ago called Your Ex-Boss Wants You In Jail . It's...

Are You Doing Enough to Protect Your Trade Secrets From Theft in the Cloud?

Do your employees use Dropbox (or Google Drive, or Box, or iCloud, etc.) to store work documents? The appeal of these cloud services is easy to see. Because they provide the ability to store electronic files and access them across multiple devices linked to the same account (i.e., one’s office...

Customer Lists and Pricing Information Aren't Necessarily Confidential

When an employee has signed an enforceable non-competition and non-solicitation agreement, he will be prohibited from soliciting the employer's customers for a certain length of time after the employment relationship ends. In the absence of an express non-competition clause, a former employee is...