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:
- Does a law firm have to reveal its client’s non-compete to the client’s business partners? In “Texas Firm Beats Fraud Suit For Keeping Mum On Noncompete,” Law360 reports that the answer is “no.” The Texas Court of Appeals held that there was no duty to disclose the client’s non-compete by the law firm and its attorney when they negotiated legal documents with those third parties.
- “Non-Compete Fight in the World of Surgical Robotics: MAKO Surgical Sues Competitor, Former Employee,” advises Jonathan Pollard for the non-compete blog.
- “FBI arrests NASA contractor employee trying to flee to China,” reports The Washington Examiner.
- “Stryker Exec Who Jumped Ship Must Hand Over Trade Secrets,” reports Law360.
- “Protecting Trade Secrets with a Mobile Workforce and Telecommuters,” reports Cliff Atlas for Jackson & Lewis’ Non-Compete & Trade Secrets Report.
- Even The Economist is writing about the importance of trade secrets, asking, “Can you keep a secret? To patent an idea, you must publish it. Many firms prefer secrecy.”
- “Mediating Non-Competes in the Medical Device Industry,” explains Michael Greco for Fisher & Phillips’ Non-Compete and Trade Secrets Blog.
- Will the ability to preserve an invention as a trade secret lead patentholders to withhold the best mode of that invention in their patent applications? In “Patent law’s ‘best mode’ requirement a conundrum for attorneys,” Erin Geiger Smith warns that could be the case for Bloomberg.
- “5 ways in-house lawyers can support innovation at their companies: Inside counsel have a duty to help drive innovation to success, within the limits of existing law and policy,” advises Eric Esperne in Inside Counsel.
- Want to enforce a non-compete against a Chinese employee? You need to read, “China Employee Non-Competes. Do Not Try This At Home,” by Dan Harris for his China Law Blog.
Cybersecurity Posts and Articles:
- “After a Data Breach, Do You Need an Investigator or a Lawyer?” asks Catherine Dunn for Corporate Counsel.
- “Take Chinese Hacking to the WTO,” urges James P. Farwell for The National Interest.
- “Infographic: How Criminals Guess Your PIN,” warns Gina Smith for Tech Page One.
Computer Fraud and Abuse Act Posts and Cases:
- “U.S. v. Nosal: Back In the District Court, the Defendant Isn’t as Fortunate,” reports Kenneth Vanko in his Legal Developments in Non-Competition Agreements Blog.
- “The Split in the Circuit Courts Over the Proper Interpretation of the Computer Fraud and Abuse Act Actually Goes Three Ways,” updates Brian Bialas for Foley & Hoag’s Massachusetts Noncompete Law Blog.
- Is journalist Matthew Keys the latest Aaron Swartz? asks Garance Burke in his article for The Huffington Post entitled, “Matthew Keys’ LA Times Hack: Security Breach Or Harmless Prank?”
- And in another high profile CFAA prosecution, Orin Kerr writes, “United States v. Auernheimer, and Why I Am Representing Auernheimer Pro Bono on Appeal Before the Third Circuit,” for The Volokh Conspiracy.