The Inevitable Disclosure Doctrine - A Necessary And Precise Tool For Trade Secret Law
Cameron G. Shilling of McLane, Graf, Raulerson & Middleton, P.A.
We live in an age of technological revolution. The personal computer has fundamentally altered our business and personal lives, and the Internet has reinvented the way we communicate, transact commerce and obtain information. Unprecedented employee mobility and fierce competition in the marketplace have become the norm, resulting in monumental advancements in technology in relatively short periods of time.
Do You Know Your Intellectual Property?
James C. Scott of Arter & Hadden LLP
Looks at the competitive advantage companies can attain by managing thier intellectual property.
Safeguarding Trade Secrets in the Information Age (with Sample Communications Policy)
Sheryl Denise Johnson Willert of Williams Kastner
In the age of instantaneous communication, it is getting harder and harder to keep anything a secret. Every company needs to safeguard its trade secrets and its business equipment as well. The only way to do this is through specific policies which address use and monitoring of business equipment and maintenance of company trade secrets.
How To Keep a Secret: Protecting Employers' Trade Secrets
Jeffrey Morris of Quarles & Brady LLP
The economic turndown of the early 21st century, coupled with technological advances that have made it easier to download massive amounts of information in minutes, has resulted in increased litigation by employers against employees who steal their employers' trade secrets or confidential and proprietary information and seek to use this information for the benefit of their new employers or themselves. With the transitory workforce of today, when employees remain in one place for an average of between 3 and 4 years, it is even more important than ever for companies to identify and take steps to protect their trade secrets and other proprietary information from misappropriation and disclosure.
Customer Non-Solicitation Provisions Are Unenforceable Unless No More Restrictive Than Necessary to Protect Legitimate Trade Secrets
Dylan W. Wiseman of Littler Mendelson, P.C.
The California Court of Appeal's published opinion in Thompson v. Impaxx, Inc. (2003) is important because it concludes that customer non-solicitation provisions are enforceable only to the extent necessary to protect an employer's legitimate trade secrets. The employee in Thompson sought to build upon the decision in D'Sa v. Playhut, Inc. and prevailed because the covenant not to compete was not limited to the protection of the employer's property, trade secrets, or other proprietary information.
Obtaining Confidential Treatment for Information Furnished to the SEC
Wayne H. Shortridge of Paul, Hastings, Janofsky & Walker LLP
All companies, especially those engaged in the biotech and electronic high tech businesses, have sensiti.
Protecting & Commercializing Your Intellectual Property Assets
Cooley Godward Kronish LLP
This article provides a brief overview of the issues surrounding the protection and promulgation of intellectual property assets.
Protect Your Assets -- Now, Not Later
Ronald E. Manka of Lathrop Gage
Perhaps the most valuable business asset today is a company's intellectual property (IP), which includes patents, copyrights, trademarks and trade secrets. It is essential that you quickly take steps to obtain IP rights for the following reasons.
The Internet Applications of the Inevitable Disclosure Doctrine
Ian C. Ballon of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
This article discusses the inevitable disclosure doctrine, which may provide authority under state trade secret law for restraining a former employee from assuming responsibilities for a competitor comparable to those which she previously held, where the nature of her new position is such that, regardless of her intent, she would inevitably (or even inadvertently) use, rely upon or disclose trade secrets belonging to her former employer, in performing her new duties.
Patent Law You Can Use, Part 2
Chernoff, Vilhauer, McClung & Stenzel, LLP
Using a trade secret may eliminate any possibility of ever being able to patent an invention.
The Last Roundup Connolly Bove Wins Final Trial in Widely Watched Herbicide IP Case
Connolly Bove Lodge & Hutz LLP
Capping a string of trial victories involving one the world's largest life sciences group, lawyers at .
Using Non-Disclosure Agreements to Protect against Trade Secret Theft
David Eugene Dubberly of Duff, White & Turner, LLC
Employers must take proactive steps to make sure that their trade secrets are protected to the fullest extent perm.
Federal Protection of Trade Secrets: Understanding the Economic Espionage Act of 1996
Arthur J. Schwab of Buchanan Ingersoll & Rooney PC
The Economic Espionage Act of 1996 ("EEA"), 18 U.S.C. ?? 1831-1839, has gained considerable media attention since i.
Protect Confidential Data from FOIA Scrutiny
Richard P. Rector of DLA Piper LLP
This article summarizes how the Freedom of Information Act works in conjunction with requests from competitors to obtain proposals or contracts from the government.
Using Intellectual Property and Licensing Tools to Protect Your Software
Buchanan Ingersoll & Rooney PC
Software developers and distributors need to be aware of several important forms of protection available for propri.
Trade Secret Issues: A Conversation with William J. Bohler of Townsend and Townsend and Crew
FindLaw M V
Findlaw interview with William J. Bohler of Townsend and Townsend and Crew.
Opportunity: Vietnam
Michael M Sax of Michael M. Sax
Mr. Sax sets forth tips for those considering taking advantage of the rapidly expanding opportunities in Vietnam.
Japan--U.S. Trade ReportFAX
Paul, Hastings, Janofsky & Walker LLP
Topics in this issue of the JapanÃÂUS Trade ReportFAX: foreign reaction to reinstitution of "Super 301"; Congress still pressing administration on steel; US proposes forum on bilateral disputes and deregulation.
Protecting Customer Infromation from Ex-Employees
Jenifer A Magyar of Paul, Hastings, Janofsky & Walker LLP
One of the most valuable assets companies have are their customers. Protecting valuable customer information .
It's Monday Morning. Do You Know Where Your Trade Secrets Are?
Scott D. Marrs and John W. Lynd of Beirne, Maynard & Parsons, L.L.P.
The information age has made it even more important for businesses to protect their confidential data from misappropriation by competitors, former employees, or others who want to benefit from a company?s most valuable asset, its intellectual capital. Many companies do not realize that a wide array of business information may, in fact, be protected under trade secret law.
Can You Keep a Secret?
Julie Bernard of Faegre & Benson LLP
This article describes how a company can loose it's trade secrets if those secrets are not properly protected. The article then outlines the formal steps a company should take in protecting it's trade secrets.
Post-Employment Considerations: How to Prevent the Loss of Trade Secrets and Customers
Karen Shichman Crawford of Buchanan Ingersoll & Rooney PC
INTRODUCTION Importance of Post-Employment Procedures Post-employment considerations are an important compone.
Labor & Employment Update-February 2000
Brobeck Phleger & Harrison LLP
This article discusses retaliation, stock option and trade secret issues relating to labor and employment law.
Protecting Trade Secrets
Carolyn Wilson Evans of Gessner, Snee, Mahoney & Lutche, P.A.
Companies concerned about protecting their trade secrets have two vehicles at their disposal.
Criminalizing Trade Secret Theft: The Economic Espionage Act of 1996
Cooley Godward Kronish LLP
This report discusses the federal Economic Espionage Act of 1996. The EEA imposes criminal liability and corresponding fines and/or prison sentences on persons or entities who violate the EEA.
Put Some Bite In Your InformationTechnology Protection, or It Can BiteYou Back
William J. Cook of Wildman, Harrold, Allen & Dixon LLP
Failure to implement adequate information protection not only exposes your business to the risk of unwanted network intruders; it also exposes you to the risk that courts will make your business decisions for you. In the absence of a national security standard, courts have been willing to step in and make decisions for businesses who have delayed in establishing aggressive security measures, and they have done so based on several theories: privacy of personal information; protection of trade secret information; and concern about the impact of hostile technology on the U.S. economyÃÂs critical infrastructure.
Trademark Identity Litigation
Craig S. Fochler of Wildman, Harrold, Allen & Dixon LLP
Craig Fochler, Chairman of the Intellectual Property Practice of Wildman, Harold, Allen & Dixon LLP, presented a discussion on the complex, multi-faceted process of trademark identity litigation. At the outset of the panel, he posed the broad question, "How does one succeed in litigation?" According to Mr. Fochler, the answer is very simple: preparation and attention to detail.
The California Supreme Court's Opinion Regarding Interference with At-Will Employment Relationships: Clear Sailing or Opening the Floodgates for Litigation?
Dylan W. Wiseman of Littler Mendelson, P.C.
In a stated effort to promote and encourage fair and lawful competition, on August 12, 2004, a unanimous California Supreme Court rendered its decision in Reeves v. Hanlon, 33 Cal. 4th 1140 (2004). The central issue in Reeves was whether inducing an at-will employee to breach an employment relationship could give rise to liability for the employee's new employer.
Protection of Trade Secrets a Comparison: the Economic Espionage Act of 1996 and the Uniform Trade Secrets Act
Ryan, Swanson & Cleveland, PLLC
One of your employees left with what you consider to be a vital trade secret. That information is now in the hands of your competitor and the employee is now employed by them. You search your company's documents and find you have no employment, nondisclosure or noncompetition agreement with the ex-employee and no written policies protecting your information. What legal remedies do you have then to protect your trade secrets?
It's Only An NDA
Martin P.J. Kratz of Lexpert
It is only a nondisclosure agreement, a one-pager, what can it hurt? Such is often the observation when confronted with a simple, often one-page, nondisclosure agreement (NDA).
An Introduction to California Trade Secrets Law
Dylan W. Wiseman of Littler Mendelson, P.C.
According to recent statistics, more than 80 percent of information theft facing businesses in the United States occurs internally. This means that a company's greatest threat to loss of sensitive information comes from within - its own employees.
Michigan Adopts The Uniform Trade Secrets Act
Bodman LLP
The Michigan legislature adopted the "Uniform Trade Secrets Act" ("the Act") to prohibit the misappropriation or im.
Turning Trade Secrets into Non-Compete Agreements
David J. Berger of Wilson Sonsini Goodrich & Rosati
This article discusses one of the more controversial issues in trade secret law today: The use of the so-called "inevitable disclosure" theory to prevent a former employee from working for a competitor in his or her area of expertise.
Protecting Customer Information from Ex-Employees
Jenifer A Magyar of Paul, Hastings, Janofsky & Walker LLP
One of the most valuable assets companies have are their customers. Protecting valuable customer information .
Patent Law You Can Use, Part 1
Howard Morton Eisenberg of Chernoff, Vilhauer, McClung & Stenzel, LLP
AbstractÃÂThe four types of intellectual property: copyrights, trademarks, patents, and trade secrets, protect .
High-Tech M&A: The Preparation Stage
George S. Takach of Lexpert
So you want to buy a high-tech company. You are not alone. Not a day goes by without the announcement of another blockbuster M&A deal in the technology sector. With exuberant valuations provided by stock markets for high-tech stocks, these private currencies are being used to acquire product lines-or sometimes just nascent R&D-at a dizzying pace. Welcome to the hyper-kinetic world of high-tech mergers and acquisitions.
Five Tips For Safely Hiring Employees From The Competition -- And Avoiding A Lawsuit
Marguerite S. Walsh and Paul J. Kennedy of Littler Mendelson, P.C.
Savvy companies are always on the lookout for talented, experienced employees. Usually, the best candidates are already working for a competitor; after all, they know the business and their learning curve is short. Here are five tips worth observing in the hiring process.
Current Issues in Trade Secret Law: The New U.S. Economic Espionages Act
Pillsbury Winthrop Shaw Pittman LLP
Two important economic factors of the late 20th century (and whose predominance promises to continue into the 21st.
The Thin Line Between Soliciting and Stealing Former Customers
Hoguet Newman Regal & Kenney, LLP
What rights does an employer have against a former employee who solicits its customers? When is it okay for a form.
Protecting Inventions as Trade Secrets: A Better Way When Patents Are Inappropriate, Unavailable
Peter J. Toren of Sidley Austin LLP
As the Internet economy propels us into a global, post-Industrial commercial reformation, Web-based enterprises.
PYA: Protect Your Assets
Nicholas C. York of Arter & Hadden LLP
This article reviews the various ways a company can protect it's assets through non-competition agreements, trademark registration, patent and copyright protection.
Common Intellectual Property Mistakes of Start-Up Firms
David Hayes of Dorsey & Whitney LLP
The practice of intellectual property law often entails dealing with the consequences of past mistakes that are made at the formation or early stages of a company, when the primary focus is on the company's growth and survival, and resources for legal advice are scarce. At such times, companies often overlook or are unaware of intellectual property issues that can give rise to liability and undermine the protection of their intellectual property.
Seven Deadly IP Sins in Employee Hiring
Peter P. Chen of Wilson Sonsini Goodrich & Rosati
In general, it is perfectly legitimate to recruit and hire competitors' employees. Doing so, however, can lead to litigation by competitors, unless one can avoid the seven deadly intellectual property sins of employee recruiting.
Know the Value of Intellectual Property Audits
Buchanan Ingersoll & Rooney PC
The value of a technology company is often determined by the strength of its intellectual property - patents, copy.
Due Diligence and Protection of Confidential Information
David J. Porter of Buchanan Ingersoll & Rooney PC
The "New Economy" is a catchphrase describing the efforts of entrepreneurs to supply consumers' insatiable demand .
Protecting Inventions as Trade Secrets When Patents Are Inappropriate
Peter J. Toren of Sidley Austin LLP
A number of recent court decisions that have highlighted the availability of patent protection for software and.
To Compel Arbitration, The Dispute Must Not Only Arise Out of But Also Relate to The Parties' Agreement
Carl G. Love of Pillsbury Winthrop Shaw Pittman LLP
The Ninth Circuit has issued a recent reminder of the care which must be taken in drafting arbitration clauses in .
California Court Adopts Inevitable Disclosure Doctrine, Providing Employers With A Powerful Tool To Prevent Disclosure Of Trade Secrets
Rodi, Pollock, Pettker, Galbraith & Cahill, A Law Corporation
A California court has adopted the inevitable disclosure doctrine which allows an employer to obtain an injunction .
Patent Law You Can Use, Part 3
Howard Morton Eisenberg of Chernoff, Vilhauer, McClung & Stenzel, LLP
AbstractÂTension frequently exists between the options of keeping an invention a trade secret or filing a patent .
Intellectual Property: What it is and how to protect it
Joseph W. Milam, Jr. of Woods Rogers PLC
Intellectual property, including patents, trademarks, service marks, trade names, copyrights and trade secrets, can be an important and commercially valuable asset. Maximum protection for your intellectual property can be obtained through registration where appropriate, by negotiating and drafting protective provisions in employment and commercial contracts, or by policing your intellectual property rights through the courts.
Non-Disclosure Safety Net
Richard T Goodkin
This article reviews the importance of depositing an employee's work with a neutral third party to deter against trade secret infringement.
President Signs New Espionage Law
Dykema Gossett PLLC
Recently, it has been estimated that economic espionage crimes cost American businesses approximately $24 billion a.