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DOOCES WILD: How Employers Can Survive the New Technological Poker Game of Employee Blogging ( August 2005 )
Welcome to the employers' latest cyber-challenge to management of their work forces – employee "blogging". -
It's Monday Morning. Do You Know Where Your Trade Secrets Are? ( June 2005 )
The information age has made it even more important for businesses to protect their confidential data from misappropriation by competitors, former employees, or others who want to benefit from a company’s most valuable asset, its intellectual capital. Many companies do not realize that a wide array of business information may, in fact, be protected under trade secret law. -
The Inevitable Disclosure Doctrine - A Necessary And Precise Tool For Trade Secret Law ( March 2004 )
We live in an age of technological revolution. The personal computer has fundamentally altered our business and personal lives, and the Internet has reinvented the way we communicate, transact commerce and obtain information. Unprecedented employee mobility and fierce competition in the marketplace have become the norm, resulting in monumental advancements in technology in relatively short periods of time. -
Trade Secret Issues: A Conversation with William J. Bohler of Townsend and Townsend and Crew ( November 2003 )
Findlaw interview with William J. Bohler of Townsend and Townsend and Crew. -
Five Tips For Safely Hiring Employees From The Competition -- And Avoiding A Lawsuit ( July 2004 )
Savvy companies are always on the lookout for talented, experienced employees. Usually, the best candidates are already working for a competitor; after all, they know the business and their learning curve is short. Here are five tips worth observing in the hiring process. -
The Most Overlooked Component of Data Security: Your Employees ( July 2004 )
Data security practices in the private sector are under growing scrutiny by the Federal Trade Commission, state attorneys general, and other state and federal regulatory agencies, as evidenced by the fines imposed on companies such as Tower Records, Barnesandnoble.com, Microsoft, and Victoria's Secret. According to a recent survey by PricewaterhouseCoopers, <i>nearly half</i> of the fastest growing companies in the United States have suffered a breach of data security in the past couple of years. -
An Introduction to California Trade Secrets Law ( April 2004 )
According to recent statistics, more than 80 percent of information theft facing businesses in the United States occurs internally. This means that a company's greatest threat to loss of sensitive information comes from within - its own employees. -
Put Some Bite In Your InformationTechnology Protection, or It Can BiteYou Back ( March 2004 )
Failure to implement adequate information protection not only exposes your business to the risk of unwanted network intruders; it also exposes you to the risk that courts will make your business decisions for you. In the absence of a national security standard, courts have been willing to step in and make decisions for businesses who have delayed in establishing aggressive security measures, and they have done so based on several theories: privacy of personal information; protection of trade secret information; and concern about the impact of hostile technology on the U.S. economy’s critical infrastructure. -
Common Intellectual Property Mistakes of Start-Up Firms ( February 2004 )
The practice of intellectual property law often entails dealing with the consequences of past mistakes that are made at the formation or early stages of a company, when the primary focus is on the company's growth and survival, and resources for legal advice are scarce. At such times, companies often overlook or are unaware of intellectual property issues that can give rise to liability and undermine the protection of their intellectual property. -
Protecting Trade Secrets is Important to Your Business: How to Implement a Trade Secrets Program ( November 2003 )
Businesses of every size derive independent economic value and a competitive advantage from a diverse range of "secrets". A "Trade Secret" is broadly defined, and can include recipes, business plans and designs, as well as the results of reverse engineering of another's product. Even negative information can be protected as a trade secret, because it is often valuable to know what does <i>not</i> work to avoid wasting time and resources pursuing a dead end.