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Tag Archives: proprietary information

Two Things You Can Do To Reduce the Likelihood That Your Company Will Be Found Liable For Conspiring Or Aiding And Abetting In An Employee’s Breach of Duty To A Former Employer

Posted in Breach of Fiduciary Duty/Duty of Loyalty, Covenants Not to Compete in California, Covenants Not to Compete in Other Jurisdictions, Employee Raids, Hiring a Competitor’s Employees, Other Restrictive Covenants, Protecting Trade Secrets and Other Business Information, Unfair Competition

When companies sue their former employees for theft they often claim that the former employee’s new employer has conspired with the former employee to misappropriate trade secrets, or that that new employer has aided and abetted the former employee’s breach of duty he/she owed to his/her former employer. Like Woodward and Bernstein, liability “follows the… Continue Reading

Downloading is Not Necessarily Misappropriating

Posted in Computer "Crimes", Protecting Trade Secrets and Other Business Information, Unfair Competition

One of the key pieces of evidence a plaintiff in a trade secret case usually looks for is the downloading of company information from its computers prior to a former employee departing and joining a competitor.  Generally, this “smoking gun” type of evidence shows that the employee on his or her last day accesses and… Continue Reading

Upcoming Seminar: Protecting Trade Secrets – How to Manage Employee Use of Proprietary Information

Posted in Uncategorized

Thursday, May 17, 2012 9:00 a.m. – Registration and Breakfast 9:30 a.m. – 11:30 a.m. – Program 400 Capitol Mall, 11th Floor, Sacramento, CA Can You Keep a Secret? From trade secrets like product recipes and algorithms to confidential details about financing, customers and costs, all businesses have information that could be devastating if it… Continue Reading

California Employers: When Should I Think About Protecting My Business Trade Secrets?

Posted in Protecting Trade Secrets and Other Business Information

Now.  Trade secrets (especially those relating to customers, pricing, costs and employees) can be a little like love taken for granted:  You don’t notice it until its gone.  California law often protects such information (sometimes called “soft” trade secrets to distinguish them from product formulas and other “hard” trade secrets) from misuse by former employees… Continue Reading