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Results: 11-20 of 34

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


Waiting on Nosal...combating data theft under the Computer Fraud and Abuse Act in the Ninth Circuit
  • Seyfarth Shaw LLP
  • USA
  • February 20 2012

A recent California federal court decision has permitted an employer to pursue a former employee for alleged violations of the employer's computer usage policies under the Computer Fraud and Abuse Act (“CFAA”), while an en banc Ninth Circuit panel considers the validity of such claims


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


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


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


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


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


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 Appellate Court holds that non-compete restriction in stipulated injunction is enforceable because there was no showing that it was not necessary to protect trade secrets
  • Seyfarth Shaw LLP
  • USA
  • October 12 2012

A California Court of Appeal recently reversed a trial court ruling that found a stipulated injunction preventing the solicitation of customers was invalid and unenforceable under California Business & Professions Code section 16000