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Results: 11-20 of 34

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


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


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


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


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


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


Federal district court grants motion to stay in non-compete matter
  • Seyfarth Shaw LLP
  • USA
  • August 11 2009

A federal district court in Oregon recently granted a motion to stay in a dual-state non-compete matter based on the first-to-file rule, even though the two cases were filed only a few hours apart


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