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Friday Wrap-Up (December 28, 2012): Noteworthy Trade Secret, Covenant Not to Compete and Cybersecurity News from the Web

by John Marsh 28. December 2012 15:30
Here are the noteworthy trade secret, non-compete and cybersecurity stories from the past week, as well as one or two that I missed over the past couple of weeks: 
Trade Secret and Non-Compete Posts and Cases:
  • The U.S. District Court for the Northern District of California has issued a ruling on preemption, reports Paul Freehling of Seyfarth Shaw's Trading Secrets Blog.  In Sunpower Corp. v. Solarcity, District Court Judge Lucy Koh dismissed claims for breach of confidence, conversion, trespass to chattels, tortious interference with prospective economic advantage, common law unfair competition, and unfair competition under Calif. Bus. & Prof. Code sec. 17200.  Judge Koh found that the plaintiff failed to plead facts (1) that its non-trade secret proprietary information was made property by some law other than the California Uniform Trade Secrets Act and (2) that those common law claims were predicated on something other than the misappropriation of trade secrets. (A hit tip also to Stuart Jasper who forwarded the opinion and his thorough analysis of the opinion to me as well).
  • "Do Companies Sue Competitors to Learn the Competitors' Trade Secrets?" asks Keith J. Broady and Timothy C. Matson for Corporate Counsel.
  • "The Year that Was in Texas Non-Competes" recounts Rob Radcliff in his Smooth Transitions Blog
  • Kenneth Vanko wrapped up his series (Parts II and III) on TROs and Non-Competes last week.  Both posts are excellent and should be read by every litigator.
  • "Push For More Animal Antibiotics Data Could Expose Secrets" reports Law360.
Cybersecurity Articles and Posts:
  • "Obama Unveils Online Information Sharing Strategy To Fight Cyberterrorism" reports readwrite.
  • "Prosecuting Cyberespionage – Justice’s New Strategy" reports Stewart Baker for Steptoe's Cyberblog.
  • "Integrating Employees’ Smart Devices Into the Workplace" advise Cynthia Larose and Narges Kakalia of Mintz Levin for The New York Law Journal.
  • "Prediction: BYOD may go away in 2013" says Paul Kenyon, co-founder and COO, Avecto for SC Magazine.

News You Can Use:

  •  "Beware of Malware: Mobile Security Apps to Safeguard Your Phone" warns Bonnie Cha for All Things Digital.
  • "How Do You Spot The Thief Inside Your Company" advises Marc Weber Tobias for Forbes.
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About John Marsh

John Marsh Hahn Law AttorneyI’m a Columbus, Ohio-based attorney with a national legal practice in trade secret, non-compete, and emergency litigation. Thanks for visiting my blog. I invite you to join in the conversations here by leaving a comment or sending me an email at


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