Readers of this blog are familiar with our coverage of the various cases involving high tech firms in Silicon Valley such as Google and Adobe involving alleged “no poaching” agreements that they would not solicit each other’s employees for possible employment. Both the U.S. Government and plaintiff class action attorneys have alleged that such conduct
California Businessman Sentenced to 15 Years for Trade Secret Theft
A California businessman, Walter Liew, was recently sentenced to 15 years in federal prison after being found guilty by a jury on charges of trade secret theft, economic espionage, witness tampering and making false statements. Mr. Liew, who had contracts with a Chinese company Pangang Group, was charged with stealing trade secrets from DuPont that
New York Times Article: Noncompete Clauses Increasingly Pop Up in Array of Jobs
What do yoga instructors, event planners and exterminators have in common? These are fields that are reportedly witnessing an increase in the use of noncompete provisions in employment agreements. Details of this increase in the use of noncompete provisions were reported in a New York Times article this Sunday. Click here to view article.
While
Non-Competes and the “Trade Secret Exception” Revisited
We periodically discuss California law regarding non-compete provisions in this Blog. The California Supreme Court has made clear that non-compete provisions are unenforceable unless they fall within one of the statutory exceptions set out in sections 16601 et seq. (i.e., in connection with the sale of a business, goodwill, etc.). Over the years, courts have
Attorney Fee Awards in Trade Secret Cases and “Local Community” Rates
As readers of this blog may know, a party prevailing in a trade secret misappropriation case may be entitled to reasonable attorney’s fees if that party can show either that the claim was brought by the plaintiff in bad faith or that the defendant was guilty of willful and malicious misappropriation. The award of attorney’s