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 Posts and Articles:

  • President Obama’s cybersecurity executive order was the big news this week.  For a fine summary of the executive order, see “White House Cyber Security Order Likely to Have Long-Term Impact on Critical Infrastructure Owners and Operators” by Boris Segalis for the Information Law Group Blog
  • “U.S. said to be target of massive cyber-espionage campaign” reports The Washington Post.
  • “CISPA’s back: Hacking, online espionage resurrect cybersecurity bill” advises RT.
  • “Tips to Improve Your Cybersecurity” advises The Wall Street Journal.
  • “Firms Using Cloud Storage, BYOD Face Security Challenges,” notes Jess Davis for Law360.
  • “How far should companies be allowed to go to hunt cyberattackers?” asks James Podgers for the ABA Journal.
  • “Survey of GCs Sees Cybersecurity Risk, Anxiety” advises Sue Reisinger for Inside Counsel.
  • “6 mobile security screw-ups you’re (probably) guilty of” warns Raj Sabhlok for Forbes Tech.

Trade Secret and Non-Compete Posts and Cases:

  • In yet another healthcare non-compete case, “Texas Court of Appeals Strikes Down Cardiologist Non-Compete Agreement on Public Interest Grounds” reports Jonathan Pollard in the non-compete blog.
  • “Validity of Trade Secrets Final Injunction May Hinge on Applicability of Erie Doctrine” advises Collin Freer for Berman Fink Van Horn’s The Georgia Non-Compete and Trade Secret News Blog.
  • “California Federal Court Dismisses California Employee’s Challenge Of His Non-Compete Agreement Based Upon Enforceable Forum Selection Provision” advises Robert Milligan for Seyfarth Shaw’s Trading Secrets Blog.
  • “New York Federal Court Denies Injunction to Enforce Restrictive Covenants Against Terminated Employee” reports Robert Freehling for Seyfarth Shaw’s Trading Secrets Blog.
  • “Kolon Industries Argues Feds Failed to Properly Serve Them with Process in Massive Trade Secret Theft Criminal Case” reports Todd Sullivan in his Trade Secrets & Employee Defections Blog.
  • Are you a government contractor but still want to protect confidentail information that might have been shared with the state or federal government? Then you should check out “Confidentiality Issues in Government Contracting: Promoting Open Government and Fair Competition” by Casey Johnson for Nossaman’s Infra Insight Blog.
  • “Enforceability of Non-Compete Agreements in Delaware” writes Molly DiBianca for The Delaware Employment Law Blog.
  • If you are looking for more on the new Theft of Trade Secrets Clarification Act, check out Mathew Levine’s “With Expansion of Economic Espionage Act, Will More Prosecutions Follow?” for The New York Law Journal (attached as a PDF below) and “What You Should Know About The New Trade Secrets Laws” by Diane Danoff of Dechert for Law360.
  • “Non-Compete Case Law Update: The Mildly Interesting, But Useful, Edition” from Kenneth Vanko’s Legal Developments in Non-Competition Agreements Blog.
  • “China Issues New Judicial Interpretation on Non-compete Covenants and Various Employment Issues” reports Helen Liao and Andy Yao of Johnson Stokes & Master Mayer Brown for JDSupra.
  • “Confessions of a Corporate Spy” admits George Chidi for Inc.

Computer Fraud and Abuse Act Posts and Cases:

  • The Aaron Swartz story continues to generate interesting commentary. I would recommend “The Life and Afterlife of Aaron Swartz” for New York Magazine and “The Idealist: Aaron Swartz wanted to save the world. Why couldn’t he save himself?” by Justin Peters for Slate.

Levine Article Trade Secret Prosecutions.pdf (255.98 kb)