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Trading Secrets Blog 2012 Year in Review

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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud 2012 – Year in Review Dear Clients and Friends, 2012 was another fabulous year for our Trading Secrets blog. Launched in 2007, the blog has continued to grow in both readership and postings. Content from Trading Secrets has appeared on newsfeeds such as Lexology and ITechLaw, Corporate Counsel, Bloomberg News, BNA, and Kevin O’Keefe’s “Real Lawyers Have Blogs,” one of the leading sources of information and commentary on the use of blogs. We are pleased to provide you with this 2012 Year in Review which compiles our significant blog posts from 2012 and highlights our blog’s authors. For a general overview of 2012, we direct you to our Top-10 2012 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law blog entry as well as our 2012 Trade Secrets Webinar Series - Year in Review blog entry, which provide a summary of key cases and legislative developments in 2011, as well as practical advice on maintaining trade secret protections. As the specific blog entries that are contained in this Review demonstrate, our blog authors stay on top of the latest developments in this area of law and provide timely and entertaining posts on significant new cases, legal developments, and legislation. We incorporated several new features, including video interviews, an informative resources page, special guest authors, and cutting edge infographics, and provided access to our well-received Trade Secret Webinar Series from 2011 to the present. In 2013, we plan to incorporate video blog posts, audio podcasts, more special guest authors, and provide a more enhanced resources page on the blog. We also plan to incorporate the developments in privacy, social media, and technology into our blog coverage. In addition to our blog, Seyfarth’s dedicated Trade Secrets, Computer Fraud, and Non-Competes group hosts a popular series of webinars, which address significant issues facing clients today in this important and ever changing area of law. In 2012, we hosted eight webinars which are listed in the program listing contained in this Review . For those who missed any of the programs in 2012’s webinar series, the webinars are available on compact disc upon request and CLE credit is available for attorneys licensed in Illinois, New York or California. If you are interested in receiving CLE credit for viewing recorded versions of the 2012 webinars, please e-mail [email protected] to request a username and password. We are kicking off the 2013 webinar series with a program entitled, “2012 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secret, Non-Compete, and Computer Fraud Law.” More information on our upcoming 2013 webinars is available in the program listing contained in this Review. Our highly successful blog and webinar series further demonstrate that Seyfarth Shaw’s national Trade Secrets, Computer Fraud & Non-Competes Practice Group is one of the country’s preeminent groups dedicated to trade secrets, restrictive covenants, computer fraud, and unfair competition matters. Thank you for your continued support. MichaelWexler RobertMilligan Chicago Partner and Practice Group Chair Los Angeles Partner and Trading Secrets Editor Seyfarth Shaw LLP | www.seyfarth.com 2012 Year-End Blog Review Table of Contents 2012 and 2013 Trade Secrets Webinar Series ...........................................................................1 Our Authors ................................................................................................................................3 List of Trading Secrets Blog 2012 Posts .....................................................................................8 Trading Secrets Blog Posts 2012 Summary Posts ..................................................................................................23 Trade Secrets..............................................................................................................41 Computer Fraud and Abuse Act.................................................................................227 Non-Competes and Restrictive Covenants ................................................................286 Legislation .................................................................................................................375 Index of all cases, courts, states, and authors……………………………………………………..410 Seyfarth Shaw LLP | www.seyfarth.com 2012 Year-End Blog Review 2012 Trade Secrets Webinar Series Employee Privacy, Social Networking at Work, and the Computer Fraud and Abuse Act Standoff January 2012 Employee Theft of Trade Secrets or Confidential Information in Name of Protected Whistleblowing March 2012 Pleading, Providing and Protecting Trade Secrets in Litigation April 2012 Protecting Your Trade Secrets in the Financial Services Industry May 2012 When Trade Secrets Cross International Borders July 2012 Trade Secrets and Non-Compete Legislative Update September 2012 Trade Secret Protection Best Practices: Hiring Competitors’ Employees and Protecting the Company When Competitors Hire Yours November 2012 2012 California Year in Review: What You Need to Know About the Recent Developments in Trade Secret, Non-Compete, and Computer Fraud Law December 2012 Seyfarth Shaw LLP | www.seyfarth.com 2012 Year-End Blog Review 1 2013 Trade Secrets Webinar Series Latest Cases/Developments in Trade Secret/Non-Compete/Computer Fraud Law - 2012 National Year In Review Legislative Update: Massachusetts, Illinois, and Federal Legislation Review Trade Secrets in the Pharmaceuticals Industry Trade Secrets in the Telecommunications Industry Trade Secrets in Financial Services Industry How Big Data Impacts Trade Secret and Computer Fraud Law Are Trade Secrets More Important Under the America Invents Act? When Trade Secrets Collide With The Latest Developments In Social Media and Privacy Law Trade Secret and Non-Compete Considerations In Asia How and Why California Is Different When It Comes To Trade Secrets and Non-Competes My Company’s Trade Secrets And Confidential Information Were Posted On The Internet, What Can I Do? Seyfarth Shaw LLP | www.seyfarth.com 2012 Year-End Blog Review 2 Our Authors Kate Perrelli is a partner in the firm’s Boston office and Chair of Seyfarth’s Litigation Department. She is a trial lawyer with over 20 years of experience representing regional, national, and international corporations in the financial services, transportation, manufacturing, technology, pharmaceutical, and staffing industries. Mike Wexler is a partner in the firm's Chicago office and Chair of the national Trade Secrets, Computer Fraud, and Non-Competes Practice Group. His practice focuses on trial work and counseling in the areas of trade secrets and restrictive covenants, corporate espionage, unfair competition, complex commercial disputes, intellectual property infringement, and white collar criminal defense in both federal and state courts. Robert Milligan is the editor of the blog and a partner in the Litigation and Labor & Employment Departments of Seyfarth Shaw LLP. His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other intellectual property theft, franchise litigation, real estate litigation, insurance bad faith, invasion of privacy, consumer and employee class actions, wrongful termination, discrimination and harassment claims, wage and hour disputes, ADA and OSHA compliance, whistleblower and SOX cases, bankruptcy, and other business torts. He specializes in trade secret, non-compete, social media, privacy, and data protection litigation and transactional work on a state, national, and international platform. Justin Beyer is an associate in the Chicago office of Seyfarth Shaw LLP and a member of the firm’s Commercial Litigation Practice Group. Mr. Beyer focuses his practice in the areas of product liability, complex commercial litigation, and trade secrets, including seeking and defending against injunctive relief based on claims of misappropriation of trade secrets and breaches of non-competition agreements. Michael Baniak is a partner in the Chicago office and a member of the firm’s Intellectual Property Practice Group. As a trial attorney, he has been involved in upwards of 300 intellectual property litigations over the course of his career, with more than half of those being patent litigations. Mr. Baniak has a broad-based practice, and expertise that spans all facets of IP transactions, counseling, and litigation and appellate work, in patent, trademark, copyright and trade secret law. He is a true “hybrid,” working in every aspect of IP virtually daily. Seyfarth Shaw LLP | www.seyfarth.com 2012 Year-End Blog Review 3 Misty Blair is an associate in the Intellectual Property and Commercial Litigation Practice Groups of Seyfarth Shaw LLP. She practices in the areas of complex civil litigation, patent litigation, and a variety of intellectual property matters, including patent and trademark prosecution. She has represented and advised clients in a variety of litigation contexts, including biological, pharmaceutical, chemical, and medical devices. Ms. Blair has provided litigation support in complex patent litigation matters and has experience analyzing patent claims, prosecution histories and developing infringement and non-infringement positions. Randy Bruchmiller is a senior associate in the Commercial
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