We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 73

Breach of contract claim may succeed where a misappropriation claim fails

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • September 28 2009

The U.S. Court of Appeals for the Tenth Circuit recently held that a former employer’s price quotations to prospective customers were not trade secrets under Oklahoma law because they did not contain a confidentiality provision, but the former employee who took advantage of those quotations on behalf of his new employer did violate his non-compete covenant

Employer fires CEO and then obtains TRO enjoining him from breaching his non-disclosure, non-compete agreement

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 21 2010

Dakota Beef, a South Dakota processor and seller of organic beef products, hired Scott Lively in 2006 to be its CEO

Utah appellate court holds that "confidential" price list is not a trade secret but a contract bid could be, and Uniform Trade Secrets Act preempts common law claims based on misusing confidential information not a "trade secret"

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 21 2012

In a recent, lengthy decision involving allegations of deceitful acts and unfair competition, the Utah Court of Appeals largely affirmed the lower court’s grant of summary judgment to the defendants with respect to a complaint alleging misappropriation of proprietary data and related conduct

New Hampshire court voids non-compete clause in independent contractor agreement

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • August 21 2013

A recent New Hampshire decision serves as a reminder that courts may treat non-compete provisions differently in the context of independent

Missouri Federal Court finds violations of employment agreement may constitute unlawful access under the Computer Fraud and Abuse Act

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 6 2013

A recent Missouri federal court opinion describes an almost unbelievable scenario. Employees signed well-drafted employment agreements &mdash

Arizona federal court issues significant Computer Fraud and Abuse Act and trade secret preemption decision

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • November 27 2012

According to a recent Arizona federal court decision, (a) an employee who had the right to access his employer’s confidential emails did not violate the federal Computer Fraud and Access Act (CFAA), 18 U.S.C. 1030, by downloading 300 such documents to his personal computer and sharing them with a recently terminated employee; (b) an employer may pursue either a misappropriation claim under the Arizona Uniform Trade Secrets Act (AUTSA), or statutorily pre-empted causes of action based on the same facts; and (c) a rule to show cause is appropriate where the defendants violated a 48-hour deadline to return the employer’s confidential documents

No damages? Illinois federal court tosses Computer Fraud and Abuse Act claim alleging hacking of law firm network

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • May 13 2013

An Illinois federal court recently found in the favor of the defendant on a plaintiff's Computer Fraud and Abuse Act claim because the plaintiff

Attorneys' fees assessed for failed effort to enforce an overbroad non-compete clause

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • June 23 2010

Kenyon International Emergency Services will pay a heavy price for seeking to enjoin eight former employees and their new employers from violating non-compete and non-solicitation restrictions found to be unreasonable

Paramedics defeat noncompete and customer nonsolicit preliminary injunction on grounds of potential harm to public and paramedics

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 24 2012

A private medical transport service was recently unsuccessful in persuading the U.S. District Court for the Northern Mariana Islands to enter a preliminary injunction prohibiting two ex-employees from competing with and soliciting customers of their former employer

Are non-competition and non-solicitation provisions in an employment agreement enforceable despite the absence of compensable damages?

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 15 2012

In a recent ruling, a West Virginia federal judge held that litigation involving a former employee’s claimed violation of covenants not to compete and not to solicit the ex-employer’s workers must proceed to trial even though the ex-employer produced no evidence of monetary loss