Here are the noteworthy trade secret, non-compete and cybersecurity stories from the past week, as well as one or two that I missed over the past couple of weeks:
Noteworthy Trade Secret and Non-Compete Posts and Cases:
- “Lawyer Disqualified After Allegedly Erasing Data in Trade Secret Dispute” advises The Virginia Non-Compete Law Blog. Rob Dean presents a cautionary tale of why lawyers, particularly those in trade secrets and non-compete cases, need to be especially vigilant and informed when it comes to issues of electronic discovery and preservation.
- “Wynn sues former Chinese executive now working for competitor” to enforce a non-compete against the former executive in Macau, reports Vegas Inc. In other news of futility, King Canute has commanded the tide to halt.
- On a related note, “Protecting Your IP in China with an Injunction. Yeah, that’s the ticket” chuckles Dan Harris in his China Law Blog.
- For a thorough analysis of the recent trade secrets case brought by Zynga, see Josh Durham’s post in Poyner Spruill’s Under Lock & Key Blog.
- “Sports Agent Non-Compete and Trade Secrets Dispute Heats Up in California,” notes Seyfarth Shaw’s Robert Milligan in an update on a high profile case, Mintz v. Mark Bartelstein & Associates d/b/a Priority Sports & Entertainment, pending in the U.S. District Court for the Central District of California.
- Are you a departing employee in New Jersey? If so, you should consult Kenneth Vanko’s fine analysis and practical pointers from a recent New Jersey case, Vibra-Tech Engineers, Inc. v. Kavalek, 849 F. Supp. 2d 462 (D.N.J. 2012). According to Ken, a naughty employee, his wife and their two companies provided a veritable list of how not to behave when leaving your employer, violating almost every one of the “Trade Secret Litigator’s 7 Deadly Sins for Departing Employees.”
- A recent verdict in Oklahoma resulted in a rare type of injunction in trade secret disputes: imposition of a reasonable royalty to compensate the plaintiff. In Skycam, LLC v. Bennett, the court found that a royalty rather than an injunction was the appropriate from of relief, reports The Trade Secret Institute.
- Huawei is doing its best to refute the allegations against it in the recent House Intelligence Report, reports Press Millen in Womble’s Trade Secrets Blog.
- “Tennessee’s ‘Rule of Reasonableness’ Allows Courts to Modify Non-Compete Agreements” advises John Nefflen of Burr & Forman’s Trade Secrets Noncompete Blog.
- For those who practice both patent and trade secret law, Patently O‘s Dennis Crouch has a “must read” article, “Did the AIA Eliminate Secret Prior Art?,” that addresses the changes wrought under 35 U.S.C. § 102. (For more on this topic, see the post that Robert Latta and I wrote last month).
- And while on the issue of patents and trade secrets, “Trade Secrets — Less Risky Under AIA Prior User Rights,” advise Judith U. Kim and Katrina P. Quach, Sterne Kessler Goldstein and Fox PLLC for Law360.
- “Solving the Multi-State Non-Compete Puzzle Through Choice of Law and Venue” writes Paul B. McKeeby for Corporate Counsel.
- “Watch your assets! Using injunctions to protect trade secrets, customers, employees, and good will” recommend John C. Glancey and Tobias E. Schlueter of Ogletree Deakins.
- “Chinese Electronics Carry Steep Risks For Contractors” warns Dietrich Knauth for Law360.
- “How to Protect Your Personal Device (and Personal Information) from Discovery” advises Brian Bialas for Foley & Hoag’s Massachusetts Noncompete Blog.
- And speaking of e-discovery, “Servers and Hard Drives Disappear, But Court Holds No Spoliation,” reports Kathy Trawinski on a recent opinion out of New Jersey for ELLBLOG.
Cybersecurity Posts and Articles:
- “Defense chief calls cyberspace battlefront of the future” advises Reuters.
- “Sarah Palin’s Hacker Turned Down by Supreme Court” by Michelle Bowman for JDSupra.
- “Cheat Sheet: What in-house counsel need to know about bring-your-own-device policies” by Julie Beck and Michael Kozubek for Inside Counsel.
- “BYOD: It’s a Question of Lust (and Trust)” advises NetApp’s David Amerland for Forbes.
News You Can Use:
- “Knowing When It Pays to Upgrade Your Gadgets” from The New York Times Personal Tech Blog.
- And in a recent article entitled “The Hoax, the Troll and the Digital Herd” for Forbes, Anthony Wing Sosnar analyzes the herd mentality of the Internet, focusing on the recent hoax over the Sony Nexus X and the outing of the Reddit-uber-troll Violentacrez.