Trading Secrets 2013 Year in Review
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2013 YEAR IN REVIEW Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud Trading Secrets Makes ABA TOP 100 BLOG LIST! Dear Clients and Friends, 2013 was a year of great change and accolades for our Trading Secrets blog. In particular, the Trading Secrets blog was selected as an ABA top 100 blog. Since 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 the 2013 Year in Review, which compiles our significant blog posts from 2013 and highlights our blog’s authors. For a general overview of 2013, we again direct you to our Top 10 2013 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law blog entry as well as our 2013 Trade Secrets Webinar Series - Year in Review blog entry, which provide a summary of key cases and legislative developments in 2013, 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 continue to include video interviews, an informative resources page, special guest authors, cutting-edge infographics and access to our well-received Trade Secret Webinar Series from 2011 to the present. In 2013, we introduced video blog posts, audio podcasts, more special guest authors, and provided an additional enhanced Resources page on the blog. We will also offer in 2014 developments in privacy, social media, and technology into our blog coverage. In addition to our blog, Seyfarth’s dedicated Trade Secrets, Computer Fraud, & Non-Competes Practice Group hosts a popular series of webinars, which address significant issues facing clients today in this important and ever-changing area of law. In 2013, we hosted 12 webinars, which are listed in this Review. For those who missed any of the programs in the 2013 webinar series, the webinars are available on compact disc upon request. We are kicking-off the 2014 webinar series with a program entitled, “2013 National Year in Review: What You Need to Know About Recent Cases/Developments in Trade Secret, Non-Compete, and Computer Fraud Law.” More information on our upcoming 2014 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 Secret, 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 and is recognized as a Legal 500 top group. Thank you for your continued support. Michael Wexler Robert Milligan Practice Group Chair Practice Group Co-Chair and Editor Seyfarth Shaw LLP | www.seyfarth.com 2013 Year-End Blog Review 1 Table of Contents 2013 and 2014 Trade Secrets Webinar Series .............................................................................................3 Our Authors ...................................................................................................................................................5 List of Trading Secrets 2013 Blog Posts .................................................................................................... 11 Trading Secrets Blog Posts: 2013 Summary Posts .................................................................................................................... 25 Trade Secrets ................................................................................................................................ 40 Computer Fraud and Abuse Act.................................................................................................. 137 Non-Competes and Restrictive Covenants ................................................................................. 185 Legislation.................................................................................................................................... 268 International................................................................................................................................. 293 Social Media ................................................................................................................................ 309 Seyfarth Shaw LLP | www.seyfarth.com 2013 Year-End Blog Review 2 2013 Trade Secrets Webinar Series 2012 National Year in Review: What You Need to Know About the Recent Cases/Developments in Trade Secrets, Non-Compete, and Computer Fraud Law January 2013 Trade Secrets in the Telecommunications Industry February 2013 Employee Privacy and Social Networking: Can Your Trade Secrets Survive? March 2013 How the America Invents Act Increases the Importance of Trade Secrets April 2013 Trade Secrets in the Financial Services Industry May 2013 Trade Secret and Non-Compete Legislative Update June 2013 The Big Data Revolution: How Big Data Impacts Trade Secret, Computer Fraud & Privacy Law July 2013 Trade Secret and Non-Compete Considerations in Asia August 2013 How and Why California Is Different When It Comes To Trade Secrets and Non-Competes September 2013 Trade Secrets in the Pharmaceuticals Industry October 2013 My Company’s Confidential Information is Posted on the Internet! What Can I Do? November 2013 The Stakes Just Got Higher: Criminal Prosecution of Trade Secret Misappropriation December 2013 Seyfarth Shaw LLP | www.seyfarth.com 2013 Year-End Blog Review 3 2014 Trade Secrets Webinar Topics 2013 National Year in Review: What You Need to Know About the Recent Cases/ Developments in Trade Secrets, Non-Compete, and Computer Fraud Employee Privacy, Big Data and Social Networking Data Management and Effictively Addressing Data Breaches Trade Secret and Non-Compete Legislative Update International Trade Secrets and Non-Compete law Update (Australia and EU focus) Protecting Confidential Information and Client Relationships in the Financial Services Industry Injunction Primer and Discovery in Trade Secrets, Non-Compete, and Computer Fraud Cases Protecting Tade Secrets and Intellectual Property in Business Transactions Seyfarth Shaw LLP | www.seyfarth.com 2013 Year-End Blog Review 4 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. Her commercial practice focuses on trial work and counseling in the areas of trade secrets and restrictive covenants, unfair competition and complex commercial disputes, including dealer/franchise disputes, and contract disputes. Michael Wexler is a partner in the firm’s Chicago office, where he is Chair of the Chicago Litigation Department 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. A former state prosecutor, Mr. Wexler’s extensive investigatory experience and considerable jury trial practice enables him to advise clients with regard to potential disputes and represent clients through and including a determination of their rights at trial. Robert Milligan is the Editor of the blog and Co-Chair of the national Trade Secrets, Computer Fraud, and Non-Competes Practice Group. His practice encompasses a wide variety of commercial litigation and employment matters, including general business disputes, unfair competition, trade secret misappropriation and other intellectual property theft, real estate litigation, insurance bad faith, invasion of privacy, products liability, wrongful termination, discrimination and harassment claims, wage and hour disputes, ADA and OSHA compliance, whistleblower cases, bankruptcy and other business torts. Mr. Milligan has represented clients in state and federal courts in complex commercial litigation and employment litigation. His experience includes trials, binding arbitrations and administrative hearings, mediations, as well as appellate proceedings. Michael Baniak is a highly experienced Intellectual Property litigator and trial lawyer. 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. Mr. Baniak counsels an international array of clients. Seyfarth Shaw LLP | www.seyfarth.com 2013 Year-End Blog Review 5 Justin Beyer is a partner 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