Hope for the best, plan for the worst. - John Jay The ability to protect trade secrets (and other legitimate business interests, including customer goodwill) has been hit by a perfect storm caused b...
As you likely have seen (here for example), the Patrick Administration has spent a great deal of time putting together comprehensive proposed legislation designed to promote growth and opportunity in...
I recently (October 23) spoke on a panel at the American Intellectual Property Law Association (AIPLA) Annual Meeting (Washington, D.C.) entitled, “Terra Terror and Traveling Tricks - Developments...
Once again, this installment of “Trade Secret | Noncompete Issues and Cases in the News” is my vacation readings update. There is again a lot here! Enjoy… Federal/Antitrust: In October 2009,...
It seems that, lately, each installment of Trade Secret | Noncompete Issues and Cases in the News could be called, “What I read over my vacation.” As was inevitably the case, given the time betwee...
The Maryland legislature has become the first state legislature to pass a bill forbidding employers from demanding - or even asking for - social media (e.g., Facebook, Twitter, LinkedIn) usernames a...
This post provides a summary of noncompete and trade secret issues and cases that have arisen in the past month or so, but that I have not already addressed in recent posts. In addition to my summary,...
Your employee markets your company through Twitter, Facebook, LinkedIn, and YouTube. The employee develops – as he or she is asked to do – a substantial network. Later, your employee leaves. Wh...
The United States District Court for the District of New Jersey recently issued a decision (Syncsort Incorporated v. Innovative Routines, International, Inc.) providing one more piece in the puzzl...
A lot has been written on how insecure social media can be and the need to assess the risks. I won't bother to add more. I am, however, passing along a very-well written (and lengthy) discussion of...
Many years ago (1997, I think), I wrote an article about email privacy in the workplace. Given the recent debate following City of Ontario v. Quon (see my prior post, So, Can Your Employees Sext At Wo...
The perennial issue of the extent of privacy rights in the workplace -- in particular, what right the employer has to review private messages (including sexually-explict text messages, see "sexting")...
Each time a new technology rolls out, legal decisions follow. Social media is the latest. Remember the cyberstalker? How about Facebook's lawsuit against Power.com? Or the class action against Face...