December 2010
News, commentary and legal updates from the attorneys in the Employee
Defection and Trade Secrets Practice Group at Fisher & Phillips.

Departing Employees and the Stored Communications Act: Employers Beware

December 10, 2010 11:50
by Brent A. Cossrow
Departing employees sometimes access workplace computer systems to obtain information for purposes of using it in competition with their employer. Employers should exercise caution when undertaking such investigations to ensure they do not violate the Electronic Communications Privacy Act or the Stored Communications Act.

Unfair Competition/Employee Raiding

Top Ten Non-Compete and Trade Secret Concerns for Inhouse Lawyers and the Companies They Represent

December 6, 2010 08:22
by Michael R. Greco
Protecting a company's non-compete and trade secret interests can be a daunting task. There are so many things to consider. Here's a list of ten things to keep in mind and some resources to help you take action.

Non-Compete | Trade Secrets

One Indispensible Lesson Every Company Should Learn From the Goldman Sachs Computer Theft Trial

December 1, 2010 08:16
by Brent A. Cossrow
The criminal prosecution recently began of Sergey Aleynikov, a former Goldman Sachs computer programmer accused of stealing the computer code underlying Goldman’s high-frequency trading programs. When Aleynikov was taken into custody by the FBI, he reportedly said he did not intend to take any proprietary code. Rather, he intended to take only open source code. What’s the difference and what indispensible lesson should companies take away?

Trade Secrets

Do narrowly tailored non-competes favor or hinder fair competition?

Do narrowly tailored non-competes favor or hinder fair competition?


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