The Labor & Employment Law Blog Focusing on legal trends in data security, cloud computing, data privacy, and anything E

Tag Archives: Trade Secrets and Competition

Upcoming Seminar: Employment Law Update

Posted in Labor Law

2013  – A Year in Review 2014 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employersin 2014.  Sacramento Date:    January 16, 2014 Time:   9:00 a.m. –… Continue Reading

Weintraub Tobin’s 2014 Labor & Employment Seminars and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Hot off the print press –  Weintraub Tobin’s 2014 Labor and Employment Training and Seminar Schedule is now available.   Click here for a copy of the schedule. Our Employment Law Update is scheduled for January 16, 2014 (Sacramento) and January 23, 2014 (San Francisco).   Seating is limited so register early to reserve your spot.  Please contact… Continue Reading

Employers: Act Fast or Weaken Your Trade Secret Case

Posted in Trade Secrets and Competition

By: James Kachmar When one or more of your key employees leaves to join a competitor and begins soliciting your customers, one of your strongest weapons under California’s trade secret laws is the ability to obtain an immediate temporary restraining order to stop your former employee and his or new employer from unlawfully competing against… Continue Reading

A Reminder to Employers of the Need for Social Media Policies

Posted in Trade Secrets and Competition

By:   James Kachmar Those of you who attended our seminar on protecting confidential and trade secret information last Spring may recall our discussion about a trade secret misappropriation case involving a Twitter account. In that case, PhoneDog v. Kravitz, 2011 U.S. Dist. LEXIS 129229 (N.D. Cal. 2011), a product news and review company, PhoneDog, claimed… Continue Reading

Another Door Closes on Non-Compete Agreements

Posted in Employment Contracts and Agreements, Trade Secrets and Competition

By:       James Kachmar Readers of this blog will note that we frequently remind them that California law generally prohibits non-compete agreements. There are very limited exceptions to this general rule, one being that the seller of goodwill in a business can be bound by a valid non-compete agreement to protect the goodwill that is being purchased. Sometimes,… Continue Reading

UPCOMING SEMINAR: Protecting Trade Secrets – How to Manage Employee Use of Proprietary Information

Posted in Employment Contracts and Agreements, Labor Law, Trade Secrets and Competition

Thursday, May 17, 2012 9:00 a.m. – Registration and Breakfast 9:30 a.m. – 11:30 a.m. – Program 400 Capitol Mall, 11th Floor, Sacramento, CA Can You Keep a Secret? From trade secrets like product recipes and algorithms to confidential details about financing, customers and costs, all businesses have information that could be devastating if it… Continue Reading

Weintraub’s L&E Law Blog is in the Top 25

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

By: Chuck Post Over the last year, Weintraub Genshlea Chediak Tobin & Tobin has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients, this growth has allowed us to continue presenting our quality seminars and maintaining our Labor and Employment Law Blog. Our results… Continue Reading

Vote for Weintraub’s L&E Law Blog!

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Big news! Weintraub’s L&E Law Blog is one of the nominated candidates for the LexisNexis Top 25 Labor and Employment Law Blogs of 2011. We need your help! Click here, log onto the Labor and Employment Law Community and then leave a comment at the bottom of the page saying “I vote for The Labor &… Continue Reading

LAW ALERT: Employee Didn’t Improperly Access Employer’s Computer Ninth Circuit Rules on What Is and What Is Not “Authorization” under the Federal Computer Fraud and Abuse Act

Posted in Trade Secrets and Competition

In LVRC Holdings, LLC v. Brekka, et. al. (9/15/09), the Ninth Circuit Court of Appeals upheld the trial court’s summary judgment for defendants finding that defendant, Brekka, was “authorized” to use LVRC’s computers while he was employed, and that he did not access the computers “without authorization” under the Federal Computer Fraud and Abuse Act… Continue Reading

TRADE SECRETS AND PREEMPTION

Posted in Trade Secrets and Competition

     Although several federal courts in California have previously considered the issue of preemption in trade secret misappropriation cases, the Sixth Appellate District, in K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. ___ Cal.Rptr. 3d ____ (6th Dist. Mar. 3, 2009), became one of the first (if not the first) California state… Continue Reading

Edwards v. Arthur Andersen LLP: The Death of Non-Competition Agreements?

Posted in Employment Contracts and Agreements, Trade Secrets and Competition

In VL Systems, Inc. v. Unison, Inc., the Court of Appeal struck down a “no hire” provision contained in a consulting agreement as violating section 16600 of California’s Business and Professions Code. Section 16600 provides “Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade… Continue Reading

Caution Regarding “No-Hire” Provisions

Posted in Employment Contracts and Agreements, Trade Secrets and Competition

Businesses, especially consultants, frequently include a no-hire provision in connection with service or consulting agreements. These provisions are usually intended to prevent the client from soliciting or hiring away the consulting company’s employees. No-hire provisions have two primary goals: First, to protect the employees of one business from being recruited away by the companies they… Continue Reading

Non-Compete Agreements Were Unenforceable: Asset Mktg. Systems, Inc. v. Gagnon (9th Cir. 2008)

Posted in Trade Secrets and Competition

Kevin Gagnon, doing business as “Mister Computer,” alleged that his former customer, Asset Marketing Systems (AMS), infringed his copyright in six computer programs that he wrote for AMS by continuing to use and modify them without his consent and that AMS misappropriated trade secrets contained in the programs’ source code. After AMS terminated its contract… Continue Reading

California Supreme Court Rejects Contracts Restricting Former Employee’s Ability To Solicit Customers: Edwards v. Arthur Andersen, LLP

Posted in Trade Secrets and Competition

In Edwards v. Arthur Andersen, LLP, Case No. BC294853 (August 7, 2008) the California Supreme Court holds that non-solicitation of customer agreements are per se unenforceable unless they fall within the statutory or other exception permitted under the law. California law has long protected the rights of employees to lawfully pursue any trade or profession…. Continue Reading