Tuesday, January 31, 2012

The Reading List (No. 3)

Several good articles this week, ranging on topics from customer relationships, to the Computer Fraud and Abuse Act, to bad faith trade secrets claims. I did not include any editorials on the mud-slinging affair in the Florida primary.

So here is this week's reading list.

Justin Beyer of Seyfarth Shaw writes on Hill v. Best Medical, a total disaster of a case in Pennsylvania. The district court shifted attorneys fees to the prevailing counterdefendant, after Best Medical lodged specious claims of trade secrets misappropriation. Justin summarizes the key facts relied upon by the court in finding evidence of bad faith.

Brent Cossrow of Fisher & Phillips discusses a new CFAA case and the ongoing divergence of circuit court opinions on whether the federal statute is intended to federalize acts against so-called faithless employees.

Epstein Becker Green published a paper discussing New York's reluctance to enforce non-compete provisions designed to protect customer relationships. A pdf version of the article is available in EBG's blog post here.

Finally, John Shonkwiler of Novak & Macey in Chicago was recently interviewed by Smart Business and discusses how managing e-mail properly can save time and litigation expense. This may not relate directly to non-competes, but the issues John discusses in this article are part of most non-compete disputes. If his advice is not taken, a client could find its discovery expense much higher than is necessary.

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