Presentation on the First 18 Months of the Defend Trade Secrets Act

Earlier this month, I spoke at the California State Bar IP Section’s “IP Institute” in Newport Beach. My topic was “What’s Up With the Defend Trade Secrets Act?” I used the 60 minute session to look at what’s been happening in the…

US Court Protects Google From Canadian Court's Delisting Order--Google v. Equustek

US Court Protects Google From Canadian Court’s Delisting Order–Google v. Equustek

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] Datalink allegedly misappropriated Equustek’s trade secrets to develop competitive products. Equustek sued Datalink in Canadian courts and obtained various court orders. The Datalink principal fled Canada…

No "Contract By Tweet" for Plaintiff Who Pitches Movie Idea via Social Media

No “Contract By Tweet” for Plaintiff Who Pitches Movie Idea via Social Media

This is an idea theft case based on the idea behind “Creed” the movie, a spinoff of the famous Rocky movies. Jarrett Alexander alleged that he came up with the idea for Creed, drafted the screenplay, and put together a…

Catching Up on Ninth Circuit CFAA Jurisprudence (Internet Law Casebook Excerpt)

[Eric’s note: this is another excerpt from my Internet Law casebook. Venkat and I couldn’t blog last year’s chaotic and messy Ninth Circuit’s CFAA jurisprudence in real time. I nevertheless took one for the team and tried to make sense of the…

Global Content Removals Based on Local Legal Violations (Internet Law Casebook Excerpt)

[Eric’s note: I’m sharing an excerpt from my Internet Law casebook discussing transborder content removal orders, including the Equustek case.] From the Internet’s earliest days, the tension between a global communication network and local geography-based laws has been obvious. One…

Non-Compete Applies To Facebook Page for Unlaunched Business--Joseph v. O'Laughlin

Non-Compete Applies To Facebook Page for Unlaunched Business–Joseph v. O’Laughlin

This is another case where the defendant allegedly solicits customers or employees over social media in the face of a restrictive covenant. We recently blogged a couple of cases involving solicitations over LinkedIn. This case involves solicitations over Facebook. O’Laughlin…

LinkedIn Connection Request Doesn't Violate Non-Solicitation Clause—Bankers Life v. American Senior Benefits

LinkedIn Connection Request Doesn’t Violate Non-Solicitation Clause—Bankers Life v. American Senior Benefits

This is another case considering when LinkedIn activity violates a non-solicitation clause. Bankers Life, a company that sells insurance and financial products, sued one of its ex-employees (and his new employer, ASB) alleging among other things that the ex-employee violated…

'Blatant Sales Pitch' on LinkedIn Likely Violates Non-solicitation Clause--Mobile Mini v. Vevea

‘Blatant Sales Pitch’ on LinkedIn Likely Violates Non-solicitation Clause–Mobile Mini v. Vevea

This is a noncompete dispute. Defendant Vevea worked for Mobile Mini. She signed an agreement with Mobile Mini restricting her post-employment activities. Specifically, she agreed: not to work in the Portable Storage Business at a location within fifty miles of…

New Paper: “The Defend Trade Secrets Act Isn’t an ‘Intellectual Property’ Law”

Congress worked on the Defend Trade Secrets Act (DTSA) for years, yet the final product has a number of rough edges and curiosities. One example is the following sentence: This section and the amendments made by this section shall not…

The DTSA’s Ex Parte Seizure Order: The “Ex” Stands for “Extraordinary” (Guest Blog Post)

[By guest blogger Paul M. Mersino. Paul is an attorney with the Detroit-based law firm Butzel Long, P.C. He specializes in Trade Secret disputes throughout the nation.  He defended against the first ex parte seizure application in the nation under the DTSA…