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 Articles:
- There is a lot of good stuff analyzing the Obama Administration’s trade secrets initiative from last week. You should check out out Peter Toren’s post, Morrison & Foerster’s Dan Westman and Jessica Childress’ analysis, Jessica Mendelson’s post for Seyfarth Shaw’s Trading Secrets Blog, Press Millen’s post in Womble Carlyle’s Trade Secrets Blog, and the article, “Private Sector’s Role In White House Trade Secrets Plan” by David Fagan of Covington Burlington for Law360.
- For the latest in the epic DuPont v. Kolon saga, see “Judge Kills DOJ’s Summons Of Kolon In Trade Secrets Action,” as reported by Law360 and Todd Sullivan in his Trade Secrets and Employee Defections Blog.
- “Pfizer Gets New Trial After $39M Trade Secrets Verdict,” reports Law360.
- Interested in the latest on Massachusetts’ proposed non-compete statute? Then check out Brian Bialas’ post at Foley& Hoag’s Massachusetts Noncompete Law Blog, where Brian has the latest language proposed under the bill.
- Speaking of non-compete statutes, Kenneth Vanko analyzes the proposed Michigan non-compete statute, which is modelled after New Hampshire’s recent statute requiring an employer to give notice of a non-compete to a prospective employee before an offer of employment.
- “Race to California Courthouse Fails in Recent Non-Compete Dispute,” reports Jonathan Pollard in the non-compete blog.
- Epstein Becker’s Trade Secrets & Noncompete Blog reports on an unfortunate employee whose employer’s merger with another company triggered his non-compete. Because his newly-merged employer failed to take steps to safeguard the former employer’s protectible interests, the U.S. District Court of Connecticut enforced the covenant not to compete.
- Can a non-signatory to a covenant not to compete move to compel arbitration of that provision? A California federal court has answered in the affirmative, ordering that the company of a former employee can also invoke arbitration as to claims arising out of that agreement. Kenneth Vanko’s Legal Developments in Non-Competition Agreements Blog and Paul Freehling for Seyfarth Shaw’s Trading Secrets Blog have posts on the case.
- For the litigators, “Anonymous Yelp Review Counts as Evidence” advises Jacob Gershman for The Wall Street Journal Law Blog.
Cybersecurity Posts and Articles:
- “In Cyberspace, A New Cold War,” advises The New York Times.
- “If China wants respect abroad, it must rein in its hackers,” warns The Economist, although it also notes that “Old-fashioned theft is still the biggest problem for foreign companies in China.”
- Are we worrying too much about China? Jon Evans thinks so, in an article for TechCrunch entitled “The Chinese Are Coming! The Chinese Are Coming!”
- But then again, one can’t be too careful: “Data Security for Lawyers Traveling to China,” warns Alan Cohen for Corporate Counsel.
- “Employees May Be a Company’s Greatest Cybersecurity Vulnerability,” recognizes Catherine Dunn for Corporate Counsel.
- “Keeping your data Cloud-secure,” advises JJ Milner for the Global Micro Blog.
Computer Fraud and Abuse Act Posts and Cases:
- “Aaron Swartz Prosecutors Weighed ‘Guerilla’ Manifesto, Justice Official Tells Congressional Committee,” reports Ryan Reilly for The Huffington Post.