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Results: 1-10 of 34

Federal Court requires foreign resident to litigate non-compete dispute in Missouri based upon Forum Selection Clause
  • Seyfarth Shaw LLP
  • USA
  • February 26 2013

It's 8,242.7 miles or a 17 hour flight between the Philippines and Missouri. Nobody would dispute that this is a significant distance, but as far the


California federal court boots employee’s challenge of his non-compete because of Pennsylvania forum selection provision
  • Seyfarth Shaw LLP
  • USA
  • September 27 2012

In a recent order, a federal court in the Northern District of California weighed in on the validity of a forum selection clause contained in an employment agreement in connection with a California employee’s declaratory relief action to invalidate his non-compete provision with his former employer


Employer petitions U.S. Supreme Court to resolve Computer Fraud and Abuse Act circuit split
  • Seyfarth Shaw LLP
  • USA
  • November 2 2012

As anticipated, the issue regarding the application of the Computer Fraud and Abuse Act (“CFAA”) against employees who violate their employer’s computer use policies and steal valuable company data may be headed to the U.S. Supreme Court


Solicitor General decides not to file petition for review in United States v. Nosal: Circuit split on Computer Fraud and Abuse Act remains
  • Seyfarth Shaw LLP
  • USA
  • August 3 2012

The Solicitor General indicated yesterday that he will not file a petition for a writ of certiorari with the Supreme Court in U.S. v. Nosal


Missouri Supreme Court reaffirms that Missouri is a pro non-compete jurisdiction, enforcing non-competition and modified non-solicitation agreements against non-resident former security company employees
  • Seyfarth Shaw LLP
  • USA
  • August 21 2012

The Missouri Supreme Court recently issued a decision, Whelan Security Co. v. Kennebrew, et al., 2012 Mo. LEXIS 167, reaffirming Missouri as a pro non-compete jurisdiction for employers


The state of the employee: California Court of Appeal finds that non-competition agreement contained in employment agreement is unenforceable against former selleremployee even though it was executed in connection with the sale of a business
  • Seyfarth Shaw LLP
  • USA
  • August 27 2012

Non-competition agreements executed in connection with the sale of a business are typically enforceable as a limited exception under Business and Professions Code section 16601 and applicable case authority to California’s general prohibition against non-competition agreements


Colorado Federal Court rules that former employer stated a claim against former executive and his new employer under the Computer Fraud and Abuse Act regardless of differing circuit interpretations of the act
  • Seyfarth Shaw LLP
  • USA
  • March 9 2012

In its order denying defendants’ motion to dismiss in SBM Site Services, LLC v. Garrett, et al., Case No. 10-cv-00385, a Colorado federal court identified a circuit split over the interpretation of “unauthorized access” under the Computer Fraud and Abuse Act and then found a former employer had stated a CFAA claim against a former executive and his new employer regardless of the different circuit interpretations based upon his post-termination computer activities


Minnesota district court dismisses Computer Fraud and Abuse Act claim brought against former employee based upon narrow interpretation of Act
  • Seyfarth Shaw LLP
  • USA
  • March 21 2012

In another decision that underscores the circuit split regarding the interpretation of the Computer Fraud and Abuse Act’s (CFAA) language on authorized access, the Honorable Judge David Doty of the United States District Court for the District of Minnesota has dismissed an employer’s claim that its former employees violated the Act


Top 10 developmentsheadlines in trade secret, computer fraud, and non-compete law in 2012
  • Seyfarth Shaw LLP
  • USA
  • December 31 2012

As part of our annual tradition, here is our list of the top 10 developmentsheadlines in trade secret, computer fraud, and non-compete law for 2012


California Federal Court dismisses California employee’s challenge of his non-compete agreement based upon enforceable forum selection provision
  • Seyfarth Shaw LLP
  • USA
  • February 12 2013

California federal courts have again said it loud and clear when analyzing whether or not the enforcement of a forum selection clause within