[Ed: “pre-emption” is the notion that (perhaps) a given state law claim–in this case–a trade secret claim– is preempted by federal law, in this case, the Copyright Act].
For the latest on the copyright preemption doctrine (codified at 17 U.S.C. § 301(a)) look no further than the Fifth Circuit, which, together with its district courts, issued a string of recent decisions regarding the preemption of trade secret claims involving software. Most recently, the Fifth Circuit found that preemption extends to all fixed original works of authorship, even those works incorporating ideas, systems and processes, among other types of noncopyrightable material as defined in § 102(b) of the Copyright Act. Spear Mktg., Inc. v. BancorpSouth Bank, Case No. 14-10753 (5th Cir. June 30, 2015).
There are indeed limits to the reach of the anti-SLAPP statute, particularly in the trade secret context. In West Hills Research and Development, Inc. v. Terrence M. Wyles, a California appellate court ruled that engaging in activity to set up a competing business is not protected activity under the anti-SLAPP statute.
The content in this post was found at http://www.tradesecretslaw.com/2015/08/articles/trade-secrets/employers-action-for-misappropriation-of-trade-secrets-against-former-in-house-counsel-who-engaged-in-competitive-activities-not-subject-to-anti-slapp-motion/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.
There is no question that social media privacy issues now permeate the workplace. In an attempt to provide further guidance and regulation in this area, since April 2012, a growing number of state legislatures in the United States have passed various forms of social media privacy legislation. In fact, to date, nearly all state legislatures, as well as the United States Congress, have considered or are considering some kind of social media privacy legislation.
[Ed: this is a HUGELY helpful article, updating info about trade secrets]
With increased activity regarding proposed federal trade secrets legislation expected next month and for the remainder of the fall Congressional session, Seyfarth Shaw’s dedicated Trade Secrets/Non-Compete group has created a resource which summarizes the proposed legislation, outlines the arguments in favor of and against the legislation, and provides additional resources for our readers’ convenience. This page will be continuously updated as we monitor and keep you apprised of the most recent developments, debate, and news regarding the legislation.
Below we provide an overview of trade secret law and the proposed federal legislation, the arguments on both sides of the debate, and our most current resource links.
We are pleased to announce the webinar “State Specific Non-Compete Oddities Employers Should Be Aware Of ” is now available as a podcast and webinar recording.
In Seyfarth’s sixth installment, attorneys Michael Baniak and Paul Freehling discussed the significant statutory changes to several jurisdictions’ laws regarding trade secrets and restrictive covenants and pending legislation proposed in additional jurisdictions over the past year. As trade secrets and non-compete laws continue to evolve from state to state in piecemeal fashion, companies should continually revisit their trade secrets and non-compete strategies in light of the evolving legal landscape and legislative trends.
As a conclusion to this well-received webinar, we compiled a list of key takeaway points, which are listed below.