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Understanding the New Theft of Trade Secrets Clarification Act of 2012
By Dylan Wiseman On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012, which clarifies the scope of the Economic Espionage Act of 1996 (18 U.S.C. §§...
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Court Finds Common Law Causes of Action Not Preempted by New Jersey Trade...
By I. Michael Kessel In January 2012, New Jersey enacted its version of the Uniform Trade Secrets Act (UTSA). On December 7, 2012, in SCS Healthcare Marketing, LLC v. Allergan USA, Inc., a New Jersey...
View ArticleFederal Court Finds Choice of Law that Permits Blue Penciling Does Not...
By Paul Kennedy Non-compete restrictions are creations of state law, which can sometimes vary on key aspects of contract formation and enforceability. One of those aspects is the extent to which...
View ArticleTexas May Become 48th State to Adopt the Uniform Trade Secrets Act
By Allan Neighbors and Scott McDonald Since being approved in 1979, the Uniform Trade Secrets Act has been adopted, in some form or fashion, by 47 states. At least one Texas lawmaker hopes to make...
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Recent Study Reveals Troubling Amount of Employee Misuse and Theft of Company...
By Harry Jones A recent study by independent data privacy research firm Ponemon Institute of 3,317 individuals in six industrialized countries found that employees are moving intellectual property,...
View ArticleNorth Carolina Decision May Adversely Affect Enforceability of Non-Compete...
By Ryan Crosswell A recent decision from a North Carolina Court of Appeals could affect the enforceability of employment agreements between staffing companies and temporary employees. In Phelps...
View ArticleConnecticut Law Restricts the Use of Non-Compete Agreements in Acquisitions...
On the final day of the most recent Connecticut legislative session, the General Assembly passed a bill titled “An Act Concerning Employer Use of Noncompete Agreements” (the Act). Despite the broadly...
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Connecticut's Governor Vetoes Restrictive Non-Compete Bill Due to Lack of...
By Patricia Reilly, Matthew Curtin and Stephen Rosenberg On Friday, July 12, 2013, Connecticut’s Governor Dannel P. Malloy vetoed a bill that would have restricted the use of non-compete agreements in...
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Illinois Appellate Court Finds Insufficient Consideration Where Employer...
By David Haase, James Witz, Darren Mungerson, and Ethan Zelizer On June 24, 2013, the Illinois Appellate Court for the First District (encompassing Cook County and Chicago) decided Fifield v....
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New Jersey Opinion Calls Into Question Use of Computer Fraud and Abuse Act to...
By Matthew Hank Although the Computer Fraud and Abuse Act (CFAA) is mainly a criminal statute designed to prevent hacking, it also prohibits an employee from accessing an employer’s computers “without...
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