Category Archives: Litigation

Don’t Underestimate Insider Trade Secret Theft

High-profile security breaches like the ones that targeted Sony, JP Morgan Chase and The Home Depot make major headlines and cause businesses to fear they’re going to lose all their trade secrets to a nefarious underworld of hackers. And while … Continue reading

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‘LinkedIn Defense’ Isn’t Necessarily a Slam Dunk

Back in April 2013, when the Texas Legislature was still considering whether to adopt the Uniform Trade Secrets Act (it ultimately passed), I predicted that a sticking point would be the inclusion of “a list of actual or potential customers … Continue reading

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Texas Monthly v. New York Times: Where are the damages?

The Texas journalism world has been abuzz over a lawsuit filed by Texas Monthly magazine against The New York Times, over The Times‘ luring away of Texas Monthly editor in chief Jake Silverstein to serve as editor of The Times … Continue reading

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Leaving But Not Yet Gone: Notes from the ABA’s Labor & Employment Midwinter Meeting

One of the perennial issues executive employment lawyers handle is what to do when an executive has accepted a job offer at a competitor but hasn’t left his or her current employer yet. As I found out last weekend when … Continue reading

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Forced Out and Bound by a Non-Compete

As a lawyer representing executives in non-compete disputes, I have always found covenants not to compete to be, to put it mildly, troublesome. To have such a patently anti-competitive tool in a free market system flies in the face of … Continue reading

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Senate Bill Could Encourage More Trade Secret Litigation

A bill that would fundamentally change the nature of trade secret litigation in Texas is quietly working its way through the Texas Legislature as we speak. Senate Bill 953, by Texas Sen. John Carona (R-Dallas), would adopt the Uniform Trade … Continue reading

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Obama Signs Expansion of Trade Secret Law

Theft of trade secrets is a persistent issue in the executive suite, and the universe of possible violations recently expanded thanks to legislation signed into law by President Obama. According to a report in Security Management, The Theft of Trade … Continue reading

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Preventing Trade Secret Theft (in 20 Years)

Trade secret theft becomes a bigger concern for major companies with every passing day. Particularly when companies are doing business overseas—where intellectual property protections may not be as well-enforced—keeping trade secrets secret has become, to put it lightly, a challenge.

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Trade Secret Theft Just As Problematic in Asia

The trade secret theft issues that plague U.S. companies are apparently just as bad in other countries, as a recently filed Japanese lawsuit illustrates. On October 25, Nippon Steel & Sumitomo Metal Corp. sued its South Korean rival, Posco, and … Continue reading

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Avoiding IP Theft On The Job

Most executives would never dream of stealing from their employers, but many put themselves at risk of being accused of that very thing in the course of their workday. Most such actions—such as emailing files to their personal email address … Continue reading

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