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:
Trade Secret and Non-Compete Posts and Cases:
- “Eternal vigilance” may be required to protect trade secrets in South Carolina, reports Josh Durham for Poyner Spruill’s Under Lock & Key Blog. In Ethox v. Coca Cola, a South Carolina federal court dismissed Ethox’s complaint, finding that as a general matter that Ethox had failed to provide sufficient detail as to its claims. According to Josh, the district court held that “any time one company discloses a trade secret to another, as Ethox did in its dealings with Coca-Cola, the disclosing company must exercise ‘eternal vigilance’ or else the secret will be lost.”
- Looking for an in-house perspective on non-competes? Then check out Janette S. Levey’s two posts in The Emplawyerologist entitled “Restrictive Covenants in Employment Agreements: Guarding the Family Jewels, Parts I and II.”
- “Rankings Of NFL Prospects May Constitute Trade Secrets,” advises Paul E. Freehling for Seyfarth Shaw’s Trading Secrets Blog.
- “What Can the NHL Lockout Teach Us About Mediating Non-Compete and Trade Secret Disputes?” asks Michael Greco for Fisher & Philips Non-compete and Trade Secrets Blog.
- “Industry Customs may be Basis for Establishing Secrecy Measures under Trade Secret Acts,” reports Kenneth Vanko in his Legal Developments in Non-Competition Agreements Blog.
- “5 Ways Physicians Can Negotiate Better Employment Contracts,” recommends Rob Dean for The Virginia Non-Compete Blog.
- “Trade Secret Protection in China: A Perspective From China and Hong Kong,” advise James Chapman, Song Lin and Alex Nie of Foley & Lardner for martindale.com.
- “Protecting Trade Secrets in Korea: Top 5 Things to Know Before Subjecting your Business Secrets to the Korean Market,” reports Sean Hayes for The Korean Law Blog.
Computer Fraud and Abuse Act Posts and Cases:
- Russell Beck and Robert Milligan both provide their take on the recent dismissal of WEC Carolina Energy’s writ of certiorari, which means the split between the federal circuit courts over whether an employer can use the CFAA for violation of computer access policies will continue for the foreseeable future.
- “Two Year Statute of Limitations of Computer Fraud and Abuse Act Accrued When Plaintiff “Suspected” Wrongdoing,” reports Shawn Tuma.
Cybersecurity Articles and Posts:
- “More than half of in-house counsel say data security is their top legal concern,” notes Michael Kozubek for Inside Counsel.
- “Corporate Network Defense: When Seconds Count, the FBI is Years Behind,” laments Stewart Baker for Covington’s Cyberblog.
- “Law Firms And Cloud Computing,” writes Arturo A. Castro of Cullen & Dykman for JDSupra.
- “Top 7 end-user security priorities for 2013,” reports Joe Ferrara, CEO of Wombat Security Technologies for SC Magazine.
- “Does Your Firm Have a Bring-Your-Own-Device Policy?” asks Dennis Kennedy for the ABA Journal’s Technology Column.
News You Can Use:
- “Be lucky – it’s an easy skill to learn,” recommends Richard Wiseman for The Telegraph.