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:
- Last week’s report from the privately-funded IP Commission has triggered a lot of commentary on the issue of China, cybersecurity, and the international misappropriation of trade secrets. The Economist has chimed in, “Fighting China’s hackers: Is it time to retaliate against cyber-thieves?,” The New York Times has offered an Op-Ed “Preventing a U.S.-China Cyberwar,” as has Gerry Smith for The Huffington Post, “‘Hacking Back’ Could Deter Chinese Cyberattacks, Report Says.” Lisa Kilday also has a post for The IP Watchdog, as does Sophie Yu for Orrick’s Trade Secrets Watch Blog.
- For a contrarian view of the report and its authors, see TechDirt’s article, “Fear Mongering Report Suggests ‘IP Theft From China’ One Of The Biggest Problems America Faces.”
- “A primer on the keys to a complete cybersecurity incident response plan: Inside counsel that understand cybersecurity become defenders of their companies,” advises Daniel Lim for Inside Counsel.
- “Hackers Find China Is Land of Opportunity,” reports Edward Wong for The New York Times.
- “FTC Fires Back In Cybersecurity Case,” reports Brent Kendall for The Wall Street Journal’s Law Blog.
- “FTC Announces Information about Upcoming Mobile Security Forum,” advises Mike Nonanka for Covington’s Inside Privacy Blog.
- Rob Radcliff provides his take on BYOD policies in his Smooth Transitions Blog.
- “Employers Must Obtain Employee Consent For BYOD Programs,” recommends Yaron Dori and Jeff Kosseff of Covington & Burling LLP for Law360.
Trade Secrets and Non-Compete Cases, Posts and Articles
- “Kolon Asks 4th Circ. To Ax $920M DuPont Trade Secrets Award” reports Law360. In a summary of the oral arguments before the 4th Circuit Court of Appeals, Scott Flaherty reports that Kolon focused on Judge Robert Payne’s denial of its motion to recuse himself because of his former firm’s involvement in a patent dispute for DuPont and on what Kolon believed was DuPont’s failure to provide proof on a trade secret by trade secret basis.
- “Illinois Appellate Court Partially Reverses Broad Non-Compete Injunction Against Physicians,” reports Molly Joyce for Seyfarth Shaw’s Trading Secrets Blog.
- “Customer Lists as Trade Secrets: What Protections Are Sufficient?” asks Eric Ostroff in his Protecting Trade Secrets Blog.
- Brian Bialas suspects that the recent AMD v. Feldstein decision by the U.S. District Court of Massachusetts may have extended the inevitable disclosure doctrine in Massachusetts. In his post for Foley & Hoag’s Massachusetts Noncompete Law Blog, Brian notes the fact that Judge Hillman entered an injunction despite the defendants’ protestations that they had already turned over all confidential information to a third-party neutral after the lawsuit was commenced, reasoning that they, “must all remember large amounts of confidential AMD information that they learned during their employment.” (For more on the decision, see my take here).
- A case out of New York’s Fourth Appellate Department suggests that coupling a grant of stock options with a non-compete can be a messy affair if not done right, advises Jonathan Pollard in a recent post for the non-compete blog.
- “Former Outback Steakhouse Employee Not Necessarily ‘Down Under’ For Allegedly Breaching Fiduciary Duty” advises Amy Dehnel for Berman Fink & Van Horn’s Georgia Non-Compete & Trade Secret News Blog.
- In “Pennsylvania Appellate Court Orders Sanctions for Plaintiff’s Bad-Faith Trade Secret Misappropriation Claims,” Scott Schaeffers examines the recent Kraft v. Downey case for Seyfarth Shaw’s Trading Secrets Blog.
- Rob Radcliff provides his take on BYOD policies in his Smooth Transistions Blog.
- “Employers Must Obtain Employee Consent For BYOD Programs,” recommends Yaron Dori and Jeff Kosseff, Covington & Burling LLP for Law360.
- “Chinese Trade Secret Theft Hits Universities,” reports Press Millen for Womble Carlyle’s Trade Secrets Blog.
- “Non-Compete Agreements Aren’t for Everyone: The Necessity of Proving a ‘Legitimate Business Interest,’” advises Betsy Lensan Cook of Womble Carlyle for National Law Review.
- “Exercise Gym Instructor Enjoined By Non-Compete Agreement,” reports David Poppick for Epstein Becker’s Trade Secrets & Noncompete Blog.
Computer Fraud and Abuse Act Posts and Cases:
- “Password Sharing and the Computer Fraud and Abuse Act, Revisited,” considers Kenneth Vanko in his Legal Developments in Non-Competition Agreements Blog.