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Fallout from Nosal verdict

Epstein Becker Green
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USA
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May 9 2013

Practitioners in the area of trade secret protection and employee mobility law are still trying to sort out the impact of a federal court jury

California non-solicits and overly expansive confidentiality agreements invite employer liability

Epstein Becker Green
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USA
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October 18 2011

In 2008, the California Supreme Court decided Edwards v. Arthur Anderson LLP, 44 Cal.4th 937 (2008) ("Edwards"), which signaled the death knell for customer non-solicits in California

Contractual clause requiring return of confidential information at termination helps former employer obtain injunction on misappropriation claim

Epstein Becker Green
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USA
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January 3 2013

Trade secret misappropriation cases turn on details. Accordingly, it is always interesting to see the particular details which tilt a court's decision one

Virginia Supreme Court overturns multi-million dollar "goodwill" damages award in trade secrets conspiracy case

Epstein Becker Green
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USA
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June 13 2012

One of the most elusive forms of damage that a company may suffer when its trade secrets are misappropriated or its former employees breach their post-employment restrictive covenants is the loss of goodwill

Federal court in Chicago refuses to issue injunction based upon either an "inevitable disclosure" claim or a 24-month non-compete with an "extremely broad" geographic scope

Epstein Becker Green
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USA
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January 10 2012

A federal judge in Chicago recently refused to issue an injunction based upon either the “inevitable disclosure” of trade secrets doctrine or a geographically broad, 24-month non-compete that did not have a narrowly drawn activity restriction

California Court of Appeal enforces stipulated injunction that restricts competition

Epstein Becker Green
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USA
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October 10 2012

Although the California courts have steadily eroded employers’ ability to contractually limit their former employees’ solicitation of their customers, a stipulated injunction limiting solicitation can still be enforced

California Court of appeal underscores importance of proper identification of trade secrets in litigation

Epstein Becker Green
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USA
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November 9 2009

The recent case of Perlan Therapeutics v. Superior Court (California Ct App 11042009) serves as a reminder that when litigating, the definition of the trade secrets at issue is important

The "authorized access" issue under the Computer Fraud and Abuse Act

Epstein Becker Green
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USA
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June 2 2010

Earlier this year, Aon Risk Services Northeast Inc. (“Aon”) brought suit in the United States District Court for the Southern District of New York against Marsh USA Inc., Marsh & McLennan Companies, Inc. (together, “Marsh”), and three former employees

Brett Favre scandal raises issue of workplace protections for independent contractors

Epstein Becker Green
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USA
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October 22 2010

The Brett Favre sexting scandal raises, among other things, a relatively frequent issue that arises in employment discrimination and harassment cases: may an independent contractor invoke employment antidiscrimination statutes such as Title VII?

Third Circuit case explores nooks and crannies of trade secret misappropriation under Pennsylvania law

Epstein Becker Green
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USA
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August 23 2010

A July 27, 2010 decision by the United States Court of Appeals for the Third Circuit, in Bimbo Bakeries USA, Inc. v. Botticella, No. 10-1510, upheld an injunction preventing a senior executive from commencing employment at Hostess Brands, Inc., a bakery rival to the plaintiff Bimbo

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