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Clifford R. AtlasBlog Posts

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SEC Fines Company $265,000 for Severance Agreements that Potentially Chilled Whistleblowers

Our Corporate Governance Practice Group posted  this article regarding further activity by the Securities and Exchange Commission in response to confidentiality provisions it found might deter potential corporate whistleblowers under the Dodd-Frank Act. Employers should be reminded to carefully draft non-disclosure of confidential information provisions clearly not to prohibit employees from reporting violations of law or cooperating … Continue Reading The post SEC Fines Company $265,000 for Severance Agreements that Potentially Chilled Whistleblowers appeared first on Non-Compete and Trade Secrets Report.
August 16, 2016

Groundhog Day for Massachusetts Non-Compete Reform

Once again, the Massachusetts legislature was unable to agree on non-compete reform legislation by the July 31, 2016, end of the current legislative session. The House and Senate had passed versions of non-compete reform that differed on key provisions. At the end of the session, however, the House and Senate failed to pass a compromise … Continue Reading The post Groundhog Day for Massachusetts Non-Compete Reform appeared first on Non-Compete and Trade Secrets Report.
August 1, 2016

Accessing Database Violates Computer Fraud and Abuse Act and Economic Espionage Act – Ninth Circuit Affirms Criminal Conviction of Former Employee

The Ninth Circuit recently filed its latest installment in the saga involving David Nosal and his former employer, Korn/Ferry International, an executive search firm. Korn/Ferry maintains a proprietary database of executive candidates for its paying customers.  Nosal, a former Korn/Ferry executive, set up a competing business.  Allegedly desiring the information in Korn/Ferry’s database for his … Continue Reading The post Accessing Database Violates Computer Fraud and Abuse Act and Economic Espionage Act – Ninth Circuit Affirms Criminal Conviction of Former Employee appeared first on Non-Compete and Trade Secrets Report.
July 19, 2016

Colorado Broadens Whistleblower Protection for State Employees Who Disclose Confidential Information

Tim Kratz and Kristen Baylis in our Denver office have reported on an important new law in Colorado, extending whistleblower protection to state employees who disclose confidential information in the context of reporting waste, mismanagement of public funds, abuses of authority or illegal and unethical practices to a designated “whistleblower review agency.”  To review the article, click here … Continue Reading The post Colorado Broadens Whistleblower Protection for State Employees Who Disclose Confidential Information appeared first on Non-Compete and Trade Secrets Report.
July 1, 2016

President Obama Signs Defend Trade Secrets Act of 2016

The federal Defend Trade Secrets Act of 2016 was signed into law on May 11, 2016 by President Obama.  A review of the law and its impact on employers can be found here. Continue Reading The post President Obama Signs Defend Trade Secrets Act of 2016 appeared first on Non-Compete and Trade Secrets Report.
May 11, 2016

Defend Trade Secrets Act Set to Become Law

For the first time, there will be a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly supports” the legislation. The DTSA will become effective upon … Continue Reading The post Defend Trade Secrets Act Set to Become Law appeared first on Non-Compete and Trade Secrets Report.
April 28, 2016

Utah Enacts New Laws Addressing Post-Employment Restrictions and Unauthorized Computer Use

Conrad S. Kee from our Salt Lake City office and Cliff Atlas, co-chair of the firm’s non-compete practice group have written on the firm’s website about two new important laws in Utah, the Post-Employment Restrictions Act and the Computer Abuse and Data Recovery Act.… Continue Reading The post Utah Enacts New Laws Addressing Post-Employment Restrictions and Unauthorized Computer Use appeared first on Non-Compete and Trade Secrets Report.
April 22, 2016

Four Non-Compete and Confidentiality Agreement Issues to Watch in 2016

Jackson Lewis has prepared an end-of-the-year review of four non-compete and confidentiality issues to watch in 2016 on its website. Clifford R. Atlas, co-chair of the firm’s non-compete and unfair competition practice group, and attorney Puja Gupta from the firm’s Baltimore office, identify four developments to keep an eye on next year: 1. Enforceability of choice of … Continue Reading
December 18, 2015

Second Circuit Adopts Narrow Construction of Federal Computer Fraud Statute, Joins Circuit Split

Clifford R. Atlas and Ravindra K. Shaw of Jackson Lewis’s New York office have written on the firm’s website about a recent decision from the Second Circuit Court of Appeals applying the narrow definition of “exceeds authorized access” under the Computer Fraud and Abuse Act.  The case is United States v. Valle, 2015 U.S. App. … Continue Reading
December 16, 2015

Supreme Court Ruling on Forum-Selection Clauses Could Impact Non-Competes

The use of forum-selection clauses in non-compete agreements received a possible boost from a recent U.S. Supreme Court ruling in the case of Atlantic Marine Constr. Co. v. U.S. District Court for the Western District of Texas, 187 L. Ed. 2d 487 (2013).  Cliff Atlas and Ravindra Shaw have writtten an article on the Jackson Lewis website explaining … Continue reading Supreme Court Ruling on Forum-Selection Clauses Could Impact Non-Competes
December 18, 2013

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