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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


Kentucky appellate court affirms authority of Kentucky courts to modify overly broad non-competition agreements in the employment context and sets forth “guiding principles” for future non-compete cases
  • Seyfarth Shaw LLP
  • USA
  • September 6 2012

In a recent opinion, Creech, Inc. v. Brown, the Kentucky Court of Appeals both affirmed the ability of Kentucky courts to modify overly broad non-competition agreements in the employment context and laid out a six-part framework that trial courts may follow when analyzing the reasonableness and enforceability of non-competition agreements


US Supreme Court strikes down Oklahoma Supreme Court decision and holds that arbitrator, rather than court, must determine the enforceability of non-compete agreements containing arbitration provisions
  • Seyfarth Shaw LLP
  • USA
  • December 5 2012

There are not many issues that the United States Supreme Court can unanimously resolve in five short pages


Federal Court questions whether damages exist in LinkedIn account ownership dispute
  • Seyfarth Shaw LLP
  • USA
  • March 2 2013

The ownership of social media accounts in the employment context remains a very hot topic. In fact, you might remember the case of Eagle v. Morgan


Computer Fraud and Abuse Act circuit split remains unresolved: United States Supreme Court challenge dismissed
  • Seyfarth Shaw LLP
  • USA
  • January 7 2013

The parties in the WEC Carolina Energy Solutions LLC v. Miller matter recently agreed to dismiss the petition for writ of certiorari filed with the United


Nevada Supreme Court rules that restrictive employment agreements acquired through mergers are not subject to Nevada's strict assignment rule
  • Seyfarth Shaw LLP
  • USA
  • July 2 2009

In a decision that encourages cost efficient corporate mergers in Nevada, the Nevada Supreme Court in HD Supply Facilities Maintenance v. Bymoan, 2009 WL 1635924 (June 11, 2009) recently ruled in an en banc decision that restrictive employment agreements acquired through corporate mergers do not require a showing that the agreements’ assignment provisions were negotiated at arm’s length or are supported by separate consideration


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


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


Ninth Circuit en banc panel tells employers that Computer Fraud and Abuse Act is only to combat hacking, not employee trade secret misappropriation: United States Supreme Court may need to resolve circuit split
  • Seyfarth Shaw LLP
  • USA
  • April 10 2012

On Tuesday, April 10, 2012, a Ninth Circuit en banc panel released its highly anticipated decision in United States v. Nosal and affirmed the judgment of the district court dismissing criminal counts against a former employee of a headhunter firm accused of violating the Computer Fraud and Abuse Act, 18 U.S.C. 1030 et seq. by conspiring with employees of the former employer to log on to the employer's confidential database and send proprietary files to a competitor


Ninth Circuit rejects application of Computer Fraud and Abuse Act in employee theft cases
  • Seyfarth Shaw LLP
  • USA
  • April 12 2012

On Tuesday, April 10, 2012, a Ninth Circuit en banc panel released its highly anticipated decision in United States v. Nosal