Latest Blogs

Latest Blog Posts

Non-Competition Agreements 101 Posted on: February 25, 2019 In: Labor & Employment
Whether you’re a company leader worried about a valued employee resigning to join a competing business, or an employee concerned about your ability to continue working in your field of choice for several years, non-competition agreements affect your choices, career decisions, and long-term plans. Both employers and employees should be mindful about any agreements they enter into that may affect post-employment rights.
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Tags:
non-competition, employers, business, agreements
Protecting Your “Secret Sauce” Posted on: February 25, 2019 In: Labor & Employment
You’ve got certain stuff in your business that sets you apart from your competitors. When I speak with clients and friends about my area of legal practice, I usually refer to this stuff as a company’s “secret sauce.”
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Tags:
trade secrets, confidentiality, agreements, secret sauce
Welcome to The Grindstone, Lewis Brisbois’ Labor & Employment Blog Posted on: February 25, 2019 In: Labor & Employment
In this day and age, we demand information at our fingertips, and expect answers that will guide our decisions within seconds. When running a business, this desire is even more pronounced, as one is often faced with situations that require quick, but well-informed, decisions. And with literally millions of sources that purport to provide you with accurate information, how are you to know what information you can trust?
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Tags:
labor and employment, non-competition, trade secrets, business
PTAB Denies Post-Grant Review Request That Relied on Social Media Evidence Posted on: February 04, 2019 In: Intellectual Property & Technology
The Patent Trial and Appeal Board (PTAB) recently denied a request for a post-grant review of a design patent that relied on evidence from social media, casting doubt on the ability to use such evidence when attempting to invalidate patents.
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Tags:
ptab, post-grant review, patents, social media
Cybersecurity: Who Can Certify Compliance to the NYDFS Posted on: January 30, 2019 In: Data Privacy & Cybersecurity
The New York State Department of Financial Services (NYDFS) Cyber Security Regulation for Financial Services Companies 23 NYCRR 500, enacted in March 2017 (the “Regulation”), sets out the required framework for regulated entities’ information security programs. The NYDFS Cybersecurity Regulation applies to “Covered Entities,” which are organizations required to operate under NYDFS...
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nydfs, cybersecurity, regulations, financial services
Huawei Trade Secrets Indictment is Cautionary Tale for Tech Partnerships Posted on: January 29, 2019 In: Intellectual Property & Technology
In a case that will be watched closely by both national security personnel and intellectual property counsellors in the United States and China, federal prosecutors unsealed a 10-count indictment in the Western District of Washington State on Thursday, January 28, 2019 against Huawei Device Company Ltd. and Huawei Device Company, U.S.A. Huawei is the largest supplier of telecom equipment in the world and the indictment charges the company with theft of trade secrets conspiracy, attempted theft of trade
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Tags:
huawei, trade secrets, justice department, indictment
Supreme Court Rules that AIA Did Not Alter the On-Sale Doctrine Posted on: January 24, 2019 In: Intellectual Property & Technology
The U.S. Supreme Court recently ruled that the phrase “or otherwise available to the public” added to 35 U.S.C. § 102 in the America Invents Act in 2011 did not change the “on-sale” doctrine, which provides that patent protection cannot be granted for an invention that was on-sale more than one year before the effective filing date of the patent.
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Tags:
supreme court, on-sale doctrine, patents, america invents act
Massachusetts Amends Data Breach Law Notice Requirements, Mandates Credit Monitoring Services Posted on: January 24, 2019 In: Data Privacy & Cybersecurity
Massachusetts recently updated its breach notification statute, requiring an organization to provide additional services for individuals and greater disclosures to state regulators when a data breach occurs. The changes go into effect on April 10, 2019
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Tags:
massachusetts, ocabr, breach notification, personal data, consumer notification, legislative alert
Copyright First Sale Doctrine Inapplicable to “Used” Digital Music: Second Circuit Posted on: January 24, 2019 In: Intellectual Property & Technology
Copyright law’s First Sale Doctrine is the foundation of the music resale business. This doctrine mandates that a lawful purchaser of a copy of a copyrighted work is free to resell that particular copy without infringing the copyright holder’s distribution rights. he digital music resale business, however, was recently presented with a serious obstacle by a Second Circuit decision.
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Tags:
first sale doctrine, redigi, 2nd circuit, digital music, copyright
Modlishka – Exploiting Two-Factor Authentication Posted on: January 22, 2019 In: Data Privacy & Cybersecurity
Two-factor authentication (2FA) is a commonly used means of securing access to website accounts through easily understood login procedures. Once the user provides the required information, whether a password or site generated code, a session cookie is generated and a secure session is established between the user and the site. But what if an unauthorized person eavesdrops and collects the 2FA information or session cookie?
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Tags:
modlishka, 2fa, multi-factor identification, personal data, hacking
Identity Theft: The Crime of the New Millennium - Tips for Prevention and Recovery Posted on: January 17, 2019 In: Data Privacy & Cybersecurity
Twenty years ago, as I was working with the FBI and the Secret Service in prosecuting large identity theft rings – often associated with data breaches (although the term “data breach” had not yet entered our daily vernacular) – we created protocols to help consumers prevent identity theft and assist victims recovering from it.
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Tags:
identity theft, credit report, fraud alert, irs
Preserving Patent Rights on a Global Stage: Foreign Filing Options and How to Successfully Navigate Novelty Requirements Posted on: January 17, 2019 In: Intellectual Property & Technology
Patent applicants often wish to expand patent protection by filing outside the U.S. These applicants can take advantage of a few options – direct filing, filing through the PCT, and regional filings. But, prior public disclosure of an invention could be an insurmountable hurdle that may prevent applicants from achieving their goals.
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Tags:
foreign filing, patent cooperation treaty, grace period, wipo, epo

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