Does Google’s Non-Disclosure Agreement With Employees Overreach? (Guest Blog Post)

24 01 2017

Guest Post by Sharon K. Sandeen

In the lead-up to this year’s Presidential election, there was a lot of chatter about the next “bomb-shell” bit of information that might be revealed about Donald Trump, particularly after his now-infamous pussy-grabbing comments. Recently, Tom Arnold, a contestant on “Celebrity Apprentice,” revealed that he is in possession of a video of the President-elect making additional inappropriate comments, but it has not yet been released due to a Non-Disclosure Agreement (NDA) that all those associated with the production were required to sign, reportedly including a $5 million liquidated damages clause.

For those who value freedom of speech and the press, and information diffusion more broadly, the fact that an NDA might be used to hide pertinent information about a person who is running for political office (and who is about to become the President of the United States) is very troubling. But the concern transcends political discourse, as a Private Attorney General Act (PAGA) lawsuit against Google, recently filed by “John Doe” in San Francisco, reveals. While NDAs have long been used to protect trade secrets, the central issues posed by the lawsuit concern both the legitimate scope of protected information and, more troubling, allegations that Google uses its NDA to intimidate employees.

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The content in this post was found at http://blog.ericgoldman.org/archives/2017/01/does-googles-non-disclosure-agreement-with-employees-overreach-guest-blog-post.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Top 10 Internet Law Developments of 2016

12 01 2017

Donald Trump’s election as president pretty much dominated our thoughts about 2016 (though Brexit was pretty significant too). So I decided to break up my annual top 10 list into two separate top 5 lists, one election-related, one not.

Top 5 Non-Election Related Items

#5: Congress Passes Defend Trade Secrets Act.

#4: Copyright Office Guts the Section 512 Safe Harbor.

#3: Hulk Hogan/Gawker/Peter Thiel. Office

#2: Crypto Wars Redux/DOJ v. Apple.

#1: Section 230 Melts Down.

Other items considered:

* Congress Passes Consumer Review Fairness Act.
* Naruto’s Monkey Selfie. .”
* Oracle v. Google.
* Google Books Lawsuit.
* EMI v. MP3Tunes.

YouTube’s 2012 “win” over Viacom.

* Anarchy Rules Online Contract Formation Law.
* FTC Sues 1-800 Contacts Over Competitive Restrictions of Keyword Ads. The
* Salsoul v. Madonna..
* Spokeo v. Robins.
* FTC v. AT&T Mobility.

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The content in this post was found at http://blog.ericgoldman.org/archives/2017/01/top-10-internet-law-developments-of-2016.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Q&A Concerning IP Protection and Social Media Issues in the Workplace

11 01 2017

The explosion of digital and social media enables companies to work more efficiently and to easily and creatively promote their products and services to large audiences across the globe. Modern technological developments in the workplace, however, come with modern issues – one such challenge for companies is protecting intellectual property (IP) and confidential information in today’s dynamic, digital and mobile environment.

On January 19, the State Bar of California is bringing together leading IP and employment attorneys from private industry, public agencies, private law firms and law schools for a conference in San Francisco on these issues: “Intellectual Property Protection and Social Media Issues in the Workplace.” Seyfarth Shaw is a proud sponsor of the conference and I have the honor of serving as the conference chair.

In this Q&A, I  was interviewed by CREATe.org President and CEO Pamela Passman about the conference and these important issues.

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The content in this post was found at http://www.tradesecretslaw.com/2016/01/articles/trade-secrets/qa-concerning-ip-protection-and-social-media-issues-in-the-workplace/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Texas Appellate Court Holds Condition Subsequent in Noncompete Agreement Excused Former Employee’s Competitive Activities

4 01 2017

A Texas Court of Appeals affirmed a summary judgment last month in favor of an ex-employee declaring that a noncompete clause in an asset purchase agreement and separate noncompete agreement did not bar him from competing with his former employer after he had resigned his position. The court’s opinion serves as a reminder that conditions subsequent in noncompete clauses must be drafted with special care in order to avoid the risk that former employees may ignore such clauses with impunity.

 

E. Texas Copy Sys., Inc. v. Player, 06-16-00035-CV, 2016 WL 6638865 (Tex. App.—Texarkana Nov. 10, 2016, no. pet. h.).

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The content in this post was found at http://www.tradesecretslaw.com/2016/12/articles/noncompete-enforceability/texas-appellate-court-holds-condition-subsequent-in-noncompete-agreement-excused-former-employees-competitive-activities/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Year End Review: Insiders Reflect on the Biggest Copyright and Trade Secret Moments of 2016

29 12 2016

It is one again time to take a moment to look back on the year that was, reflecting on the biggest, most impactful moments of 2016. For us that means looking backward at the most impactful events in the world of intellectual property. This year we received such a good response from our panel of experts that we decided […]

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The content in this post was found at http://www.ipwatchdog.com/2016/12/28/year-end-review-copyright-trade-secrets-2016/id=76256/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.