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:
- As many of you know, the Obama Administration has invited public comments on possible federal trade secret legislation by April 22, 2013. Peter Toren has posted his letter and comments to the Administration on his blog and I would commend everyone to review them and to get their own comments to the Administration if they favor a federal trade secret statute. I am hoping to get my letter and comments finished and posted as well by the end of the week.
- Similarly, in “Obama Administration’s Request for Public Comment on Trade Secrets Law Underscores Importance for Companies to Protect Their Proprietary Assets Now,” Robert Milligan has a fine summary on a recent American Bar Association resolution supporting a federal trade secrets civil cause of action in Seyfarth Shaw’s Trading Secrets Blog.
- The dismissal of Macy’s breach-of-confidentiality-agreement claim against Martha Stewart Living Omnimedia generated some headlines last week. Bloomberg has a nice summary of the decision, which was issued from the bench.
- “Dispute Involving 3-D Printers And Covenant Not To Compete Proves That Details Matter,” advises Josh Durham for Poyner Spruills’ Under Lock & Key Blog.
- “Devicor, Major Player in Medical Device Industry, Loses Non-Compete Case Against Former Employee,” reports Jonathan Pollard for the non-compete blog.
- “Employees still use online file sharing, even if companies prohibit its use,” warns Lucas Mearian for ComputerWorld.
- “Protecting Trade Secrets: How many shades of gray do you need to count?” asks Neil Wilkoff for IP Finance.
- “6th Circuit Addresses Reasonable Protection of Trade Secrets,” advises Eric Ostroff in his Trade Secrets Law Blog.
- “Nebraska Court Addresses Meaning of ‘Solicitation’ in Non-Compete Agreement,” reports Ken Wentz for Jackson Lewis’ Non-Compete & Trade Secrets Reporter.
- “Why Courts Like Non-Solicits over Non-Competes,” advises Rob Radcliff in his Smooth Transitions Blog.
- “No-Hire Provisions In Settlement and Commercial Agreements — Are they Legal?” asks Robert Goldstein for Epstein Becker’s Trade Secrets & Non-Compete Blog.
- “Does the Alabama Trade Secrets Act Limit Remedies for Theft of Information?” asks Gill Egan for Burr & Forman’s Non-Compete Trade Secrets Blog.
- “Settlements (Part 2 of 3): 5 Reasons Non-Compete Cases Should (and Do) Settle,” advises Kenneth Vanko in his Legal Developments in Non-Competition Agreements.
Cybersecurity Posts and Articles:
- In “Civil Liberties Fears Dooms House Cybersecurity Bill,” The New York Times Bits Blog reports that President Obama is threatening to veto CISPA because of privacy concerns.
- “Amendments to CISPA a Threat to Cybersecurity?” asks Stewart Baker in Covington’s Cyberblog.
- “Spending Bill’s China Cybersecurity Provision Is Unclear,” advises H. Deen Kaplan, Thomas L. McGovern and Harriet P. Pearson, Hogan Lovells LLP for Law360.
- “King & Spalding Blocks Email Access Amid Security Concerns,” reports Beth Winegarner for Law360.
Computer Fraud and Abuse Act Posts and Cases:
- “Shameful: Tech Companies Fighting Against Necessary CFAA Reform And CISPA Fixes,” complains TechCrunch.
- “Hacking the Law: Fights Over Cyber-Security and a Silicon Valley Divide,” reports Rachel Swan for SFWeekly.
- “Amending the Computer Fraud and Abuse Act,” proposes Peter Toren for Bloomberg.
- For the latest on developments in the U.S. v. Nosal trial, see “Ex-KFI Worker Recounts Trade Secret Theft In Hacking Trial’ by Beth Winegarner for Law360 and “Prosecutors Get Key Testimony From Ex-Lover in Hacking Trial,” by Vanessa Blum for The Recorder.