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:

  • After the Obama administration’s announcement of its initiative to combat international trade secret theft, the other big news this week was The New York Times front-page article calling out China’s army for its role in hacking U.S. companies. In “Chinese Army Unit Is Seen as Tied to Hacking Against U.S.,” The Times cited a report by the security firm Mandiant that fingered Unit 61398 of the Peoples Liberation Army as having a role in 141 attacks in recent years.
  • Spearphishing — i.e., using targeted attacks against employees based on information gleaned from social media — was used in these cyberattacks, according to an article by Kim Zetter for Wired, “Chinese Military Group Linked to Hacks of More Than 100 Companies.”
  • “Claims of cyberstealing by China prompt administration to develop more aggressive responses,” reports The Washington Post.
  • “Cyberwar With China Is Here, Like It or Not,” laments Arik Hesseldahl for All Things Digital.
  • “U.S. ready to strike back against China cyberattacks,” reports Associated Press.
  • “Successful hacker attack could cripple U.S. infrastructure, experts say,” reports Erin McClam for NBC News.
  • “Cloud Data Security: How to Analyze your Risk,” recommends Emma Byrne for Forbes.

Trade Secret and Non-Compete Posts and Cases:

  • In the most recent social media decision in the trade secret and non-compete context, the U.S. District Court of Oklahoma has recently found that a former employee’s Twitter invitations and Facebook posts did not violate the provisions of a non-solicitation agreement.  Venkat Balasubramani of the Technology & Marketing Law Blog (Feb. 18 post) and Seyfarth Shaw’s Justin K. Beyer both have posts on this decision (if time permits, I may do a post with my thoughts on this decision this weekend).
  • Ernst & Young has been sued for allegedly stealing the trade secrets of its client, Express Scripts, after having been engaged to provide consulting services to Express Scripts in its acquisition of Medco Solutions last year, reports Todd Sullivan in his Trade Secrets & Employee Defections Blog. Ernst & Young says a former employee did violate its policies.
  • “South Carolina Court of Appeals Upholds Physician Non-Compete and Forfeiture Provisions,” reports Parker Poe’s EmployNews.
  • In another healthcare trade secret case, “Indiana Univ. Health Misused Trade Secrets, Suit Says” reports Law360.
  • “The End of Noncompete Agreements in Minnesota?” asks Mark E. Dooley for Thompson Hall as he describes a recent bill proposed in Minnesota to ban non-competes along the lines of California.
  • “Analysis of a Winning Argument for Enforcing a Non-Compete Agreement at the Preliminary Injunction Stage,” reports John Paul Nefflen for Burr & Forman’s Noncompete Trade Secrets Blog.
  • “Is Mattel raising the white flag in Bratz copyright case?” asks Alison Frankel in her On The Case Blog.
  • Considering what discovery you might need for your next trade secrets or non-compete case? Then check out Kenneth Vanko’s post, “Some Thoughts On Pursuing Expedited Discovery,” which provides some practical pointers on what you need to do.
  • “5 Trade Secret Trends That Could Shape 2013,” predict Randall Kahnke, Kerry L. Bundy and Peter C. Magnuson of Faegre Baker Daniels LLP for Law360.

Computer Fraud and Abuse Act Posts and Cases:

  • “IP: Why companies need clear policies against giving computer access to non-employees,” advise James Ware and Mindy Ware for Inside Counsel.