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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


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


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


Key Computer Fraud and Abuse Act case heard by Ninth Circuit en banc panel: can rogue employees be held liable for data theft under the Computer Fraud and Abuse Act?
  • Seyfarth Shaw LLP
  • USA
  • December 16 2011

The Ninth Circuit held oral argument on the key United States v. Nosal case yesterday before an en banc panel


Oregon federal court permits declaratory relief suit to proceed in race to judgment non-compete dispute
  • Seyfarth Shaw LLP
  • USA
  • February 13 2012

In light of Valentine’s Day, a blog involving two competitors specializing in heart rhythm therapy seems fitting


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


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


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


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