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6/17/2011 Late Night With eDiscovery Nightmare-man? Top Ten Ways to Help Your CEO Sleep More Easily . . .
Many an organization waits until it has seen the corporate body on the table in a lawsuit or in a government proceeding before implementing an electronic-discovery preparedness program. more
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6/10/2010 Litigation Alert: Federal Copyright Law Preempts State Law Breach of Confidence and Implied Contract Claims for Unauthorized Use of Works
On June 3, 2010, the Ninth Circuit Court of Appeals held that federal copyright law preempts common law breach of confidence and implied contract claims in situations where plaintiffs attempt to retain rights to share profits and credit in the underlying works more
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6/22/2009 Litigation Alert: FLIR Systems, Inc. v. Parrish
The California Court of Appeal's recent opinion in FLIR Sys., Inc. v. Parrish, ___ Cal. App. 4th ___, 2009 Cal. App. LEXIS 943 (2d Dist. June 15, 2009) reinforces the need for careful deliberation in determining when and where to seek injunctive relief against trade secret misappropriation by former employees more
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4/1/2009 Shrinking Prospects for Private Trade Secret Actions Under the CFAA
The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was enacted in 1984 as a criminal statute, but was subsequently amended in the 1990s to allow for private causes of action for damage to a "protected computer." more
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3/19/2009 Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims
The California Court of Appeal for the Sixth Appellate District recently issued an important decision confirming the preemptive effect of California’s Uniform Trade Secrets Act ("CUTSA") on common law claims... more
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1/13/2009 Costco Decision Could Significantly Change Scope of Attorney-Client Privilege
The case of Costco Wholesale Corporation v. Superior Court, currently pending before the California Supreme Court, may dramatically affect the manner in which clients interact with and utilize their lawyers.... more
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10/17/2008 Intellectual Property Bulletin Fall 2008
In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties... more
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8/8/2008 Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims
The California Supreme Court has ruled in Edwards v. Arthur Andersen LLP, ___ Cal. 4th ___ , 2008 Cal. LEXIS 9618 (Cal. Aug. 7, 2008) (No. S147190), that non-competition agreements in California are invalid under California Business and Professions Code Section 16600 ("Section 16600")... more
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7/13/2007 Top Five Practices for Implementing an Effective Trade Secret Preservation Program
Top Five Practices for Implementing an Effective Trade Secret Preservation Program. more
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7/27/2006 Court Shifts Balance Between Trade Secrets and Public Interest
Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006). more
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6/1/2006 Litigation Alert - California Court Blocks Subpoenas Aimed at Bloggers' Source of Trade Secret Information
On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information. more
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