Here are the noteworthy trade secret, non-compete and cybersecurity stories from the past week, as well one or two that I missed over the past few weeks:
 
Noteworthy Trade Secret and Non-Compete Posts and Cases: 

  • After the DuPont v. Kolon injunction decision, the other big news this week was the 4 year sentence imposed on former Motorola engineer Hanjuan Jin by U.S. District Court Judge Rubben Castillo, who said it was important to send a message that would deter others with access to trade secrets from stealing confidential information. The Wall Street Journal quoted Judge Castillo as stating “In today’s world, the most valuable thing that anyone has is technology…The most important thing this country can do is protect its trade secrets.” Jin’s arrest garnered headlines when she was detained just before she could board a one-way flight to Beijing. Prosecutors asserted that she had stolen Motorola’s trade secrets for a Chinese company, Sun Kaisens, and the Chinese military (for a copy of the opinion finding her guilty, look here). Epstein Becker’s Trade Secrets & Noncompete Blog has a post on the sentencing, as does Kenneth Vanko’s blog as well. 
  • A decision from California’s Fourth Appellate District refusing to enforce an employment non-compete that accompanied the sale of a business has generated a lot of commentary this week. The GPH Employment Law Blog has a post about that case, Fillpoint, LLC v. Maas, 2012 Cal. App. LEXIS 914 (Aug. 24, 2012).  Seyfarth Shaw’s Robert Milligan also has a very comprehensive post about the case as well as some practical takeaways.
  • Document retention of trade secrets may become increasingly important, as the newly-expanded “prior commercial use” exception under the America Invents Act may result in the greater use of trade secret protection. A recent post by Janet Reed and Jeffrey Safran entitled “If the Shoe Fits—Keep It: Document Retention Polices to Maximize Prior User Rights as a Patent Infringement Defense at Home and Abroad” provides some sound tips. 
  • “Protecting the crown jewels: How to deal with international trade secrets theft” counsels Kent Gardner and William Sauer for Inside Counsel. 
  • Interested in the latest trade secret filing before the International Trade Commission? See Seyfarth Shaw’s Trading Secrets Blog with another fine post, this one addressing the recent filing by SI Group against the Chinese company, Sino Legend.
  • Another trade secret plaintiff gets nailed for attorneys fees, this time in Pennsylvania, reports the Georgia Non-compete & Trade Secrets News Blog. 
  • “Protecting Social Media Information When an Employee Leaves” advises the Schwabe:Blog Employment Update.
  • Looking at “Avoiding antitrust concerns in employee restrictive covenants”?  See Todd Seelman’s article for Inside Counsel. 
  • “How Much Does IP Theft Cost the U.S. Economy?” asks the EyeonIP Blog. The numbers are, well, eye-opening. 
  • The Smooth Transitions Blog has a fine post reiterating the importance of forum selection clauses for employers. 
  • “Twitter’s Legal Battle: Who Owns Your Tweets?” wonders Julia Boorstin of CNBC. 

Computer Fraud and Abuse Act Posts: 

  • The Virginia ip Law Blog has a recent post about a CFAA case out of the U.S. District Court of the Eastern District of Virginia arising out of a breach of fiduciary claim. 
  • Would hacking the human brain violate the CFAA?  Shawn E. Tuma says it just might. 

Cybersecurity Posts and Articles: 

  • “Should you trust your network to a Chinese company?” asks Foley & Hoag’s Security, Privacy and the Law Blog. 
  • “Dropbox Adds Two-Factor Authentication for Extra Security” writes Rob Dean for WorkingOffice.
  • Shockingly, “Most employers unlikely to have a mobile device usage policy” according to EmployerBrief.com.
  • “6 steps to strengthen company smartphone security” notes Elizabeth Melick and Ethan Wall for Inside Counsel. 

News You Can Use: 

  • “10 Incredibly Simple Things You Should Be Doing To Protect Your Privacy” recommends Kashmir Hill of Forbes.