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Ravindra K. ShawBlog Posts

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Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee

On August 26, 2019, the Delaware Chancery Court invalidated a California employee’s customer and employee non-solicitation covenant on the grounds that it violated California law. In doing so, the Court rejected the plaintiff company’s attempt to override California law by including a Delaware choice of law provision in the underlying agreement. Background We initially reported...… Continue Reading The post Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee appeared first on Non-Compete and Trade Secrets Report.
September 9, 2019

California Federal Court Grants TRO Under New Federal Trade Secrets Law

In the first decision under the federal Defend Trade Secrets Act of 2016 (DTSA), which was signed into law on May 11, 2016, a California federal court has granted a temporary restraining order (TRO) against a sales consultant who changed employers and allegedly stole confidential data in violation of federal and state trade secret laws … Continue Reading The post California Federal Court Grants TRO Under New Federal Trade Secrets Law appeared first on Non-Compete and Trade Secrets Report.
June 15, 2016

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

Another New York Federal Court Narrowly Construes the Federal Computer Fraud and Abuse Act

When an executive search firm bought the goodwill and other assets of a similar firm and learned that the individual sellers took client lists and diverted business in violation of their non-compete agreements, it terminated the sellers’ employment and sued them and other third-party defendants for violating the Computer Fraud and Abuse Act (“CFAA”) as well … Continue reading Another New York Federal Court Narrowly Construes the Federal Computer Fraud and Abuse Act
March 27, 2013