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California federal district court examines personal jurisdiction issue in international trade secret misappropriation and breach of contract dispute and maintains suit brought against irish company and owner

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

In a recent federal case out of California, Judge Morrison C. England, Jr. of the U.S. District Court for the Eastern District of California examined the issue of personal jurisdiction in an international trade secret misappropriation and breach of contract dispute

Dead again? Use of computer fraud and abuse act by employers to combat employee data theft limited by Ninth Circuit's latest ruling

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 29 2011

The Ninth Circuit Court of Appeals ordered that U.S. v. Nosal be reheard en banc by all of the Appeals Court judges and that the “three-judge panel opinion in U.S. v. Nosal, 642 F.3d 781 (9th Cir. 2011) shall not be cited as precedent by or to any court of the Ninth Circuit.”

New York Federal District Court strikes down application of the Computer Fraud and Abuse Act to ISP throttling case

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 26 2012

As Internet traffic has exploded in the last decade, Internet Service Providers - the companies who build and profit from providing the requisite infrastructure - have had to strategically maintain their networks to satisfy demand under increasingly tightening technological constraints

Waiting on Nosal...combating data theft under the Computer Fraud and Abuse Act in the Ninth Circuit

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 20 2012

A recent California federal court decision has permitted an employer to pursue a former employee for alleged violations of the employer's computer usage policies under the Computer Fraud and Abuse Act (“CFAA”), while an en banc Ninth Circuit panel considers the validity of such claims

California appellate decision clarifies standard for injunctive relief carve-outs within California arbitration agreements

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • January 22 2013

Arbitration agreements with carve-outs for provisional remedies are again the topic du jour, particularly in California courts which apply a

Colorado federal court decision in non-compete dispute demonstrates importance of drafting enforceable forum selection provisions in business transactions

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 6 2012

As part of the process of acquiring of a business and retaining key employees of the acquired business, multiple agreements surrounding the parameters and contingencies of the transaction are often drafted, including asset purchase agreements and employment agreements

The Ninth Circuit's Comedy Club, Inc. v. Improv West Associates decision is no laughing matter for franchisors

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 25 2009

After obtaining a sweeping nationwide injunction from an arbitrator that enjoined licensee Comedy Club, Inc. (“CCI”) from opening any new comedy clubs until 2019 pursuant to a trademark license agreement, licensorcompetitor Improv West Associates (“Improv”) could not have been in the mood for laughs when the U.S. Court of Appeals for the Ninth Circuit modified the arbitrator’s injunction by significantly narrowing its scope and breadth

California federal court grants summary judgment for Facebook on its CAN-SPAM Act, Computer Fraud and Abuse Act, and Penal Code Section 502 claims against social media aggregator

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 29 2012

For the past three years, social media platform Facebook has pursued legal action against social media aggregator Power Ventures ("Power") over what it has viewed as a blatant violation of state and federal law

Big brother can’t ask for access to your “personal” social media accounts either.more social media legislation proposed in California

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 12 2012

Recently, we blogged about the passage of California Assembly Bill 1844, which regulates employers’ ability to demand access to employees’ or prospective hires’ personal social media accounts

Pennsylvania federal court dismisses employee’s Computer Fraud and Abuse Act claim based upon employer’s alleged improprer access of LinkedIn account: no cognizable damages

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 12 2012

Ownership of company social media accounts has recently become a hot topic in the legal industry, and with its decision in Eagle v. Morgan this past week, the Eastern District of Pennsylvania has added fuel to the fire