In a recent decision, an Eastern District of Texas court conducted an analysis under Federal Rule of Evidence Rule 404(b) outside the criminal context to allow evidence of “other acts” in a trade secrets litigation. The...more
The most powerful tool capable of invalidating competitive restraints under California law is Business and Professions Code section 16600. That statute states that “[e]very contract by which anyone is restrained from...more
This May was the fourth anniversary of the Defend Trade Secrets Act (DTSA), signed into law by President Obama on May 11, 2016. The DTSA does not preempt state laws and plaintiffs can still bring cases under their state’s...more
The Ninth Circuit recently certified a question to the California Supreme Court regarding the scope of California Business & Professions Code Section 16600. As TSW readers are likely aware, Section 16600 states that “[e]very...more
8/27/2019
/ Business & Professions Code ,
Contract Terms ,
Employee Mobility ,
Intellectual Property Protection ,
Interference Claims ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Pharmaceutical Industry ,
Prescription Drugs ,
Research and Development ,
Restrictive Covenants ,
Supervision and Collaboration Agreements ,
Unfair or Deceptive Trade Practices
Two years ago, TSW reported on several cases in which corporations outside of California successfully enforced non-compete agreements against California employees. They did so by using employment agreements containing...more
On March 30, 2018, in Sandvig v. Sessions, the U.S. District Court for the District of Columbia allowed one of several constitutional challenges to the Computer Fraud and Abuse Act to survive a motion to dismiss. ...more
Contrary to common perception, California employees who signed restrictive covenants prior to January 1, 2017 are not completely immune to enforcement of all restrictions on competition. For the second time in several years,...more
7/13/2017
/ Choice-of-Law ,
Choice-of-Venue ,
Corporate Counsel ,
Declaratory Judgments ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Intellectual Property Protection ,
Jurisdiction ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
Trade Secrets
Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more
11/8/2016
/ Arbitration ,
Confidential Information ,
Evidence ,
Intellectual Property Protection ,
Permanent Injunctions ,
Popular ,
Pre-Employment Agreements ,
Preliminary Injunctions ,
Proprietary Information ,
Restraining Orders ,
Sanctions ,
Satellites ,
Technology ,
Technology Sector ,
Trade Secrets
On April 30, 2015, Kolon Industries finally resolved two long-standing disputes regarding its alleged misappropriation of trade secrets related to DuPont Co.’s bullet-proof Kevlar Material. The settlement resolved a six-year...more
Last week, New York attorney Douglas R. Dollinger asked the Honorable Vince Chhabria of the Northern District of California to reconsider an order sanctioning Dollinger and his client to the tune of $93,365.92 in monetary...more