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:
- In an unusual ruling, the U.S. Court of Appeals for the Sixth Circuit upheld the convictions of two engineers for stealing Goodyear’s trade secrets, but vacated the sentences, essentially holding that they were too lenient, reports Law 360. Both Todd Sullivan and Kenneth Vanko provide their takes on the decision.
- In what may be the final installment of the trade secret case that will live in infamy, the U.S. Court of Appeals affirmed a district court’s finding that train equipment manufacturer Wabtec Corp. copied rival Faiveley Transport USA Inc.’s trade secrets involving braking technology used in New York City’s subway system, but knocked the jury’s damages award down to $15 million. This case caused great consternation in the trade secret community several years ago when the Second Circuit inexplicably reversed an injunction and held that a defendant could use a plaintiff’s trade secrets so long as it did not disclose them.
- “Recent California Supreme Court Decision Stokes Debate Over Scope of Trade Secret Preemption” advises James D. McNairy for Seyfarth Shaw’s Trading Secrets Blog.
- “Court Finds Common Law Causes of Action Not Preempted by New Jersey Trade Secrets Act” writes Michael Kessel for Littler’s Unfair Competition & Trade Secrets Counsel Blog.
- “Orrick wins $23 million award vs MGA, Bratz maker sues to vacate” advises Alison Frankel’s On The Case Blog.
- “A Surge In Trade Secret Misappropriation Cases at ITC” report Jeffrey Telep and Taryn Williams of King & Spalding for Law360.
- “Failing to Trust the Public: The Process of Submission of the Enabling Amendment to the Georgia Constitution for the Restrictive Covenant Act Was Unconstitutional” writes David Pardue for his Trade Secrets and IP Today Blog.
- Jonathan Pollard has a post about an interesting non-compete case in the broadcast industry that was recently filed in Alabama.
- “Florida Appellate Court Says: “’Independent Contractor’ Still an Employee for Purposes of Enforcing Non-Compete Agreement” advises Peter Vilmos for Burr & Forman’s Trade Secrets Noncompete Blog.
- “Calif. Noncompete Clauses — Still Unenforceable” reports David Bloom of Milbank Tweed for Law360.
- “IBM Suit Over Corporate Raiding Illustrates Use of Social Media Evidence” advises Kenneth Vanko in his Legal Developments in Non-Competition Agreements Blog.
- “10 Steps to Take When Hiring from a Competitor” recommends Peter Steinmeyer for Epstein Becker’s Trade Secrets & Noncompete Blog.
Computer Fraud and Abuse Act Posts and Cases:
- For those looking for the latest on Aaron’s Law, see “Congresswoman Posts Revamped ‘Aaron’s Law’ on Reddit” as reported in Mashable.
- “Employment Agreement Restrictions Determined Whether Employees Exceeded Authorized Access Under Computer Fraud and Abuse Act” advises Shawn Tuma about a recent federal decision out of Oklahoma that elected not to follow the reasoning of U.S. v. Nosal.
- “How ‘Aaron’s Law’ Is Good for Business” advises Doc Searls for the Harvard Business Review.
- “We Need to Think Beyond the Aaron in ‘Aaron’s Law” writes Micah Schaeffer for Wired.
Cybersecurity Posts and Articles:
- The big cybersecurity story this week were the reports by The Washington Post, The New York Times and The Wall Street Journal that they believed Chinese hackers had penetrated their defenses to spy on their communications with critics of the Chinese government.
- “Here a Hack, There a Hack, Everywhere a Cyber Attack” laments Arik Hesseldahl for All Things Digital.
- “Calling General Counsel to the Front Lines of Cybersecurity” reports Sue Reisinger for Corporate Counsel.