We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 34

Employers' obligation to defend and indemnify rogue employees in California?
  • Seyfarth Shaw LLP
  • USA
  • October 14 2011

On October 12, 2011, the California Court of Appeal in Nicholas Laboratories, LLC v. Christopher Chen, No. G044105, 2011 WL 4823329 (Cal. Ct. App. Oct. 12, 2011), held that Labor Code section 2802 does not require an employer to reimburse its employee for attorney fees incurred in the employee’s successful defense of the employer’s action against the employee


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


Fitness companies spar over unauthorized access of departing employee's personal e-mail accounts
  • Seyfarth Shaw LLP
  • USA
  • January 25 2011

Wrongfully accessing someone's personal email account may cost you $1,000 per unauthorized access, even if that person suffers no injury or loss


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


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


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


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


California court rules that non-competition agreement contained in employment agreement is unenforceable against former seller even though it was executed in connection with the sale of a business
  • Seyfarth Shaw LLP
  • USA
  • August 29 2012

Noncompetition 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 Californias general prohibition against noncompetition agreements


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


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