Trade Secrets & Noncompete Blog

Trade Secrets & Noncompete Blog

News & Updates On Developments in the Law of Restrictive Covenants, Unfair Competition & Trade Secrets

Monthly Archives: September 2009

EpsteinBeckerGreen To Hold its Annual Labor and Employment Law Client Briefing Conference on September 24, 2009 in New York City

EpsteinBeckerGreen’s 28th Annual Labor and Employment Law Client Briefing Conference, entitled “Employers Under Siege: Managing Your Workforce in Unprecedented Times,” will be held this year on Thursday, September 24th at the Millennium Broadway Hotel in New York City.

The program will include a specific workshop entitled “Trade Secrets, Technology, A Down Economy & Employees on the Move: Managing This Dangerous Mix,” which may be of particular interest to readers of this blog. The workshop will involve a panel discussion of six real life scenarios in this area of the law.

For further details on the conference and registration information, please … Continue Reading

Ninth Circuit Disagrees with Seventh Circuit Citrin Case and Holds that the Computer Fraud and Abuse Act Is Not Violated When a Disloyal Employee Accesses Electronically Stored Information for Personal Gain

This week the Ninth Circuit Court of Appeals issued a published opinion rejecting an employer’s argument that its former employee violated the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, when he emailed company client lists and financial data to himself for personal use. LVRC Holdings LLC v. Brekka, ___ F.3d ___, 2009 WL 2928952 (9th Cir. 2009).

The Seventh Circuit reached the opposite conclusion in International Airport Centers, LLC v. Citrin, 440 F.3d 418 (7th Cir. 2006), reasoning that when an employee breaches his duty of loyalty to the employer, the agency relationship terminates and the employee … Continue Reading

FINRA Arbitration Available for the Theft of Trade Secrets of a Non-FINRA Member Employer by FINRA Associated Persons?

In Valentine Capital Asset Management, Inc. v. Agahi, 174 Cal. App. 4th 606, the California Court of Appeals, First District, recently looked at the issue of whether an associated person of a FINRA member could be compelled to arbitrate his company’s trade secret and unfair competition claims against former employees who were also associated persons of a FINRA member.  The court held that although John Valentine, the President and Founder of Valentine Capital Asset Management, Inc., was a person associated with a FINRA member, arbitration could not be compelled because his company was not a FINRA member, the new competing … Continue Reading