End run around inevitable disclosure doctrine

Posted On :July 9th, 2012 By James Yang

Scope of injunction narrow based on rejection of inevitable disclosure doctrine In a trade secret case, courts tailor the scope of an injunction to narrowly protect the trade secret information of the trade secret owner.  Anything more may prevent others from being able to seek employment or engage in a lawful profession which goes against [...]

Non-compete agreement enforceable when part of sale of business

Posted On :July 2nd, 2012 By James Yang

Tension between Trade Secret and California’s Section 16600 Most states in the United States have adopted some form of the Uniform Trade Secrets Act which protects information considered to be valuable due to its secrecy.  However, in an employment situation, employees learn the trade secrets of its employer over a period of time.  When the [...]

CFAA applicable to hackers and not employees with authorized access

Posted On :June 25th, 2012 By James Yang

Scope of CFAA In U.S. v. Nosal, the scope of liability under the Computer Fraud and Abuse Act (CFAA) was at issue. The CFAA was primarily enacted to combat the problem of computer hacking. However, employers have been applying the CFAA to instances where employees have authorized access to company information but have misused the [...]