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DOOCES WILD: How Employers Can Survive the New Technological Poker Game of Employee Blogging ( August 2005 )
Welcome to the employers' latest cyber-challenge to management of their work forces – employee "blogging". -
It's Monday Morning. Do You Know Where Your Trade Secrets Are? ( June 2005 )
The information age has made it even more important for businesses to protect their confidential data from misappropriation by competitors, former employees, or others who want to benefit from a company’s most valuable asset, its intellectual capital. Many companies do not realize that a wide array of business information may, in fact, be protected under trade secret law. -
The Inevitable Disclosure Doctrine - A Necessary And Precise Tool For Trade Secret Law ( March 2004 )
We live in an age of technological revolution. The personal computer has fundamentally altered our business and personal lives, and the Internet has reinvented the way we communicate, transact commerce and obtain information. Unprecedented employee mobility and fierce competition in the marketplace have become the norm, resulting in monumental advancements in technology in relatively short periods of time. -
The California Supreme Court's Opinion Regarding Interference with At-Will Employment Relationships: Clear Sailing or Opening the Floodgates for Litigation? ( February 2005 )
In a stated effort to promote and encourage fair and lawful competition, on August 12, 2004, a unanimous California Supreme Court rendered its decision in Reeves v. Hanlon, 33 Cal. 4th 1140 (2004). The central issue in Reeves was whether inducing an at-will employee to breach an employment relationship could give rise to liability for the employee's new employer. -
Trade Secret Issues: A Conversation with William J. Bohler of Townsend and Townsend and Crew ( November 2003 )
Findlaw interview with William J. Bohler of Townsend and Townsend and Crew. -
Customer Non-Solicitation Provisions Are Unenforceable Unless No More Restrictive Than Necessary to Protect Legitimate Trade Secrets ( August 2004 )
The California Court of Appeal's published opinion in Thompson v. Impaxx, Inc. (2003) is important because it concludes that customer non-solicitation provisions are enforceable only to the extent necessary to protect an employer's legitimate trade secrets. The employee in Thompson sought to build upon the decision in D'Sa v. Playhut, Inc. and prevailed because the covenant not to compete was not limited to the protection of the employer's property, trade secrets, or other proprietary information. -
Five Tips For Safely Hiring Employees From The Competition -- And Avoiding A Lawsuit ( July 2004 )
Savvy companies are always on the lookout for talented, experienced employees. Usually, the best candidates are already working for a competitor; after all, they know the business and their learning curve is short. Here are five tips worth observing in the hiring process. -
The Most Overlooked Component of Data Security: Your Employees ( July 2004 )
Data security practices in the private sector are under growing scrutiny by the Federal Trade Commission, state attorneys general, and other state and federal regulatory agencies, as evidenced by the fines imposed on companies such as Tower Records, Barnesandnoble.com, Microsoft, and Victoria's Secret. According to a recent survey by PricewaterhouseCoopers, <i>nearly half</i> of the fastest growing companies in the United States have suffered a breach of data security in the past couple of years. -
An Introduction to California Trade Secrets Law ( April 2004 )
According to recent statistics, more than 80 percent of information theft facing businesses in the United States occurs internally. This means that a company's greatest threat to loss of sensitive information comes from within - its own employees. -
Put Some Bite In Your InformationTechnology Protection, or It Can BiteYou Back ( March 2004 )
Failure to implement adequate information protection not only exposes your business to the risk of unwanted network intruders; it also exposes you to the risk that courts will make your business decisions for you. In the absence of a national security standard, courts have been willing to step in and make decisions for businesses who have delayed in establishing aggressive security measures, and they have done so based on several theories: privacy of personal information; protection of trade secret information; and concern about the impact of hostile technology on the U.S. economy’s critical infrastructure.