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:
Cybersecurity Articles and Posts:
- I normally lead with trade secret and non-compete articles, but a riveting article by Stewart Baker for Steptoe’s Cyberblog caught my eye this past weekend so I wanted to highlight it in this week’s Wrap-Up. In a chilling post entitled “The Importance of Cybersecurity,” Stewart Baker details a concerted and devastating cyberattack against a small California software company after the company publicly accused China of appropriating its parental filtering software, CYBERsitter, for a national Internet censoring project. The Santa Barbara company Solid Oak Software was nearly destroyed after wave after wave of cyberattack was directed against it over a three year period.
- “Are Cloud Data Security Fears Overblown? A Sensible View” from Emma Byrne of NetApp for Forbes.
- “Cybersecurity Is an Issue – Now What?” asks info security.
Trade Secret and Non-Compete Posts and Cases:
- Allergan is in the news this week, as it was unable to dislodge itself from a New Jersey trade secret suit under the recently enacted Uniform Trade Secrets Act, according to Law360. District Court Judge Harry G. Carroll rejected Allergan’s argument that the bulk of the common law claims in plaintiff SCS Healthcare Marketing LLC’s suit was preempted by the new state law that took effect in January.
- For those interested in the status of Mattel’s appeal of MGA’s $310 million award against it, check out Daniel Josh Salinas’ update on the oral argument at Seyfarth Shaw’s Trading Secrets blog.
- “Should Employers Arbitrate Non-Compete Claims?” asks Rob Radcliff in his Smooth Transitions Blog. Rob answers the question in a subsequent post entitled “More Thoughts on Arbitrating Non-Competes.”
- Pizza and Trade Secrets: Every Company has a ‘Secret Sauce'” advises Josh Durham in Poyner Spruill’s Under Lock & Key Blog.
- In “Litigation Risks From Job Applicants With Non-Compete Agreements,” Devin Dolive of Burr & Forman details two recent Alabama decisions recognizing potential claims by job applicants whose offers were rescinded by potential employers over potential non-competes.
- “Court Orders Monitoring to Ensure Employee does not Breach Non-Compete” reports Jackson Lewis’ Non-Compete & Trade Secrets Reporter. This is a very unusual opinion out of Connecticut, since most courts would either grant or deny an injunction rather than involve themselves in on-going monitoring.
- “Restrictive Covenants . . . Can Be Powerful Tools for Safeguarding Intangible assets” advises Michael D. Moberly for Business IP and Intangible Assets Blog.
Computer Fraud and Abuse Act Articles and Cases:
- “Fifth Circuit Finds Company Not Liable for Alleged Violations of Computer Fraud and Abuse Act and Electronic Communications Privacy Act by its Regional Manager” writes Shawn Tuma for JDSupra.
- In “Current Employee May Have Violated Computer Fraud and Abuse Act by Downloading for Secret New Employer,” Shawn also details a recent case out of Mississippi’s federal court.
News You Can Use: