Searching Content by Brian Bialas from Foley Hoag LLP ordered by Published Date Descending.
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Is A Federal Trade Secrets Act On The Horizon?
Late last month, the Defend Trade Secrets Act was filed; the bill would create a federal trade secrets cause of action for civil litigants.
United States
19 May 2014
Rare Massachusetts Superior Court Decision Interpreting The CFAA Takes The Narrow View Without Squarely Addressing The Broad
An employee who takes confidential documents from her employer to use in a discrimination lawsuit against that employer is not liable to them.
United States
11 Mar 2014
CFAA And Noncompete News
Over the past two months, several interesting items of Computer Fraud and Abuse Act (CFAA) and noncompete news have crossed my desk.
United States
6 Mar 2014
Massachusetts Federal Court Refuses To Dismiss CFAA Claim But Permits The Defendants To Ask Again Later
Echoing a new theme in the federal district court in Massachusetts, last month Chief Magistrate Judge Leo T. Sorokin refused to dismiss a Computer Fraud and Abuse Act ("CFAA") claim brought against the former CEO of a company, but did so without prejudice, meaning that the defendants could ask the Court to dismiss the claim again later in the case.
United States
4 Mar 2014
If You Have A Trade Secret, You Better Protect It
Late last month, Judge Cornelius J. Moriarty of the Massachusetts Superior Court granted summary judgment for a defendant company and two individual defendants on a trade secret misappropriation claim.
United States
3 Mar 2014
U.S. Supreme Court Takes Pass On CFAA Lawsuit; Uncertainty Remains
The U.S. Supreme Court's denial of certiorari in a Computer Fraud and Abuse Act case leaves employment lawyers in the 1st Circuit and beyond with continuing uncertainty.
United States
4 Mar 2013
10 Important Pieces Of Noncompete, Trade Secret, And Computer Fraud News
Summaries of a number of cases covering topics such as noncompete provisions, trade secrets and computer fraud.
United States
28 Feb 2013
The Supreme Court Will Not Review The Computer Fraud And Abuse Act (For Now)
Back in November, I wrote about how a plaintiff in a lawsuit involving the Computer Fraud and Abuse Act (CFAA) decided to appeal its case to the Supreme Court.
United States
22 Jan 2013
The Human Factor In Noncompete Disputes: Howie Carr Is Still Upset Over 5 Years After His Lawsuit With WRKO
One of the big names on WRKO is conservative Howie Carr, who also writes a column for the Boston Herald. Carr was involved in a lawsuit with WRKO in 2007.
United States
11 Jan 2013
Why Boston College Can't Hire Back Its Former Football Coach
Anyone who knows me well knows that I love college football.
United States
11 Dec 2012
New Noncompete Case From The District Of Massachusetts Highlights What An Employee Should Not Do To Defeat A Noncompete
Late last month, Judge Patti Saris of the U.S. District Court for the District of Massachusetts ruled that a noncompete was enforceable and ordered the defendant employee not to work for a competitor of the plaintiff employer for one year.
United States
13 Nov 2012
The Supreme Court Now Has The Opportunity To Review The Computer Fraud And Abuse Act
I have written much on this blog about the Computer Fraud and Abuse Act and the split among the federal circuit courts of appeals over how it should be interpreted.
United States
13 Nov 2012
Bring Your Own Disaster Policy?
Law360 reports on a panel event held by the Association of Corporate Counsel on Tuesday to discuss the perils of allowing employees to use their own mobile devices for work purposes.
United States
1 Nov 2012
How To Protect Your Personal Device (And Personal Information) From Discovery
Once a lawsuit over trade secrets or a noncompete begins, "discovery" is usually the next step in the case.
United States
23 Oct 2012
The Drawback Of Choice-Of-Law Clauses For Employers
A choice-of-law clause is a provision in a contract (e.g., a noncompete) that states what state's law will apply to the contract, regardless of where the lawsuit to enforce it is filed.
United States
17 Oct 2012
"Clouds, Mobile Devices And The Workplace"
Margaret A. Keane has written an interesting article on the growing use of "Bring Your Own Device" (BYOD) policies by employers whose employees use mobile devices for work purposes.
United States
10 Oct 2012
Can Lawyers Sign Noncompetes?
As reported by Law360, a Philadelphia-based law firm, Swartz Campbell LLC, recently sued a competing Philadelphia firm, The Chartwell Law Offices LLP, alleging that Chartwell essentially stole one of Swartz's offices located in Fort Myers, Florida, including a partner and two employees.
United States
5 Oct 2012
The Trend Toward Requiring Plaintiffs To Identify Trade Secrets Early In Litigation
A good article in BNA by Eric W. Schweibenz and Lisa M. Mandrusiak argues that the recent trend in trade secret litigation has been to require plaintiffs to state with specificity early in litigation what trade secrets they claim the defendants stole.
United States
3 Oct 2012
Recent Judgment In Massachusetts Case Shows That Cases Involving Faithless Employees Sometimes Go To Trial And Result In Big Money Verdicts
As reported by Massachusetts Lawyers Weekly last week (subscription required), late last year a Middlesex County jury found a defendant company liable for over $1.3 million in damages to the plaintiff competing company in a case involving the plaintiff's former employee.
United States
27 Sep 2012
The Key To Protecting Confidential Information From Being Taken By A Departing Employee To A Competitor: Planning
BNA has published a good article on how an employer can protect its confidential information from being taken by a departing employee to a competitor.
United States
13 Sep 2012
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