Featured Articles

Coffee Wars: Starbucks Sues To Stop Former Executive From Joining Dunkin' Donuts

ewetty@seyfarth.com
October 09, 2009 15:41

Earlier this week, Starbucks Corp. sued a former executive in the U.S. District Court for the Western District of Washington, seeking enforcement of a noncompetition agreement. (Starbucks Corp. v. Paul Twohig, Civil Action No. 09-01404 (W.D. Wash.)) Former Division Senior Vice President...

Trade Secret Claim Wins Out to Protect Software.

Michael Elkon
November 10, 2009 20:52

In Coleman v. Retina Consultants, P.C., the Georgia Supreme Court reversed a trial court’s decision to enjoin a former employee based on his non-compete provision, but it upheld the injunction to the extent that it prevented the employee from using his former employer’s trade...

Recent Articles

Utah Appellate Court Holds That "Confidential" Price List Is Not A Trade Secret But A Contract Bid Could Be, And Uniform Trade Secrets Act Preempts Common Law Claims Based On Misusing Confidential Information Not A "Trade Secret"

Paul Freehling
March 21, 2012 22:40

In a recent, lengthy decision involving allegations of deceitful acts and unfair competition, the Utah Court of Appeals largely affirmed the lower court’s grant of summary judgment to the defendants with respect to a complaint alleging misappropriation of proprietary data and related conduct....

Minnesota District Court Dismisses Computer Fraud and Abuse Act Claim Brought Against Former Employee Based Upon Narrow Interpretation Of Act

March 21, 2012 18:56

By Robert Milligan, Joshua Salinas, and Jeffrey Oh 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...

Keep Your Pot of Gold Hidden, Ohio Court Rules Information Posted Online Not Trade Secret

March 16, 2012 16:47

St. Patrick’s Day calls to mind the traditional Irish folklore of leprechauns and their hidden pots of gold. These hidden pots of gold illustrate the fundamental and straightforward rule for protecting prized trade secret information – keep it secret. A recent Ohio District Court, the...

UConn is Dancin' for a Third Reason: Its Donor List is a Trade Secret and Exempt from Freedom of Information Act

March 15, 2012 15:26

The University of Connecticut has a third well-publicized reason to celebrate, beyond its men’s and women’s basketball teams’ berths in the NCAA Tournament. The Connecticut Supreme Court recently held that the University’s databases of benefactors, season ticket...

Upcoming Webinar - The New Risk: Employee Theft Of Trade Secrets And Confidential Information In The Name Of Protected Whistleblowing

March 13, 2012 21:38

Can Employees Steal Trade Secrets & Confidential Information To Support Their Whistleblower Claims? The answer: It depends who is adjudicating the case, as a sharp conflict recently has arisen on this issue between federal and state courts and the U.S. Department of Labor (DOL). The DOL's...

Texas Appellate Court Voids, As Contrary to Fundamental Texas Law, Incentive Compensation Contract Imposing A Substantial Penalty For Post-Employment Competition With The Ex-Employer

Paul Freehling
March 13, 2012 21:10

Under Texas law, a restraint on competition without reasonable time and geographical limitations is unenforceable. Although New York generally disfavors an unreasonable non-competition covenant, there is an exception under the employee-choice doctrine. A recent Texas appellate court panel, applying...

Mattel Appeals $310 Million Award in Bratz Case, Argues Trade Secret Counterclaim Was Untimely

March 12, 2012 17:51

Mattel recently appealed a $310 million award for its alleged misappropriation of MGA’s trade secrets and MGA’s attorney’s fees and costs in defense of Mattel’s copyright claim. In its opening brief, Mattel requests the Ninth Circuit to vacate or reverse the award on...

What Happens in Vegas May Stay in Vegas, But Misappropriation of Trade Secrets and Unauthorized Disclosure of Confidential Information Will Still Land You in Hot Water According To Recent Supreme Court of Nevada Decision

James McNairy
March 10, 2012 16:53

In Finkel v. Cashman Professional, Inc., et al., Case Nos. 54520, 55377, 2012 WL 669897 (Nev. March 1, 2012), the Supreme Court of Nevada addressed the validity of non-solicitation, non-competition, and non-disclosure covenants and the proper duration of a preliminary injunction prohibiting...