Keep Up with Current Employment Law Issues

Check this page frequently for the latest blogs on current, important employment law issues.
Is the CFAA Violated when an Employee Accesses Authorized Information for an Improper Purpose?
a key pointing at an at sign with locks on it over a computer keyboard

Can an employee be found criminally or civilly liable under the Computer Fraud and Abuse Act (CFAA”) for accessing digital information to which she or he had authorization when done for an improper purpose? The answer prior to the June 2021 decision by the U.S. Supreme Court in Van Buren v. United States, 141 S. Ct. 1648 (2021), was unclear and varied between jurisdictions.

[click here to continue reading]
Defend Trade Secrets Act of 2016: A Five Year Overview
Still image: Binder labeled "trade secrets" resting on top of business papers and graphs.

The Defend Trade Secrets Act of 2016 (“DTSA”) turned five years old on May 11, 2021.  As a follow-up to our last article concerning misappropriation of trade secrets litigation, we are devoting this article to a review of the litigations which have arisen out of this relatively new statute.

[click here to continue reading]
Misappropriation of Trade Secrets Litigation: A Brief Primer

Every state has common law or statutory law prohibitions against the theft or disclosure of trade secrets. The Federal law is the Defend Trade Secrets Act of 2016 (the “DTSA”) (18 U.S.C. §1836, et seq.). New York relies on common law which creates civil liability for misappropriation of trade secrets.

Trade secrets are only protected under the DTSA if they are related to “a product or service used in, or intended for use in, interstate or foreign commerce.” (18 U.S.C. § 1836(b)).

[click here to continue reading]
Sign me up for future blog posts.

Other Blog Posts

Subscribe to Our Newsletter
Click here to subscribe to our newsletter.