Trade secrets — information that has value because it is not generally known — are perhaps the most difficult form of intellectual property to protect.  This is due in no small part to the fact that the information must actually be kept secret, or at least its confidentiality maintained, for as long as trade secret protection is sought.  Read the rest of this entry »

Many employers are finding their companies held liable for an employee’s misuse of a computer system, bringing the company negative publicity and in some instances, subjecting it to civil or criminal liability.  Therefore, it is important that employers take a proactive approach in setting guidelines governing their employees’ Internet and e-mail usage.  Read the rest of this entry »

In light of a recent New Jersey Superior Court Appellate Division decision, it is possible for an employer to be held liable to third parties harmed by its employee if the employer has reason to know that the employee is engaging in Internet conduct that is potentially harmful, yet fails to take remedial action.  Read the rest of this entry »

Individuals and businesses in all industries routinely hire consultants to create materials for them.  Examples of materials often outsourced include websites, custom software, brochures, manuals and product literature.  Most purchasers of these items assume that they own all rights to them as soon as they pay for them.  Actually, often times they do not.  Read the rest of this entry »

As a business owner whose database includes confidential personal information on clientele, you have taken every precaution to secure this data to prevent a security breach. But even with the best security measures in place, occasionally companies find themselves in the unfortunate position of having unintentionally leaked this information to an unauthorized party. Read the rest of this entry »

While initially conceived in 1984 to punish hackers and safe guard classified financial and credit information relating to government and financial institutions, the Computer Fraud and Abuse Act (the “CFAA”) has evolved over the past two decades to reflect emerging technology in the areas it was created to protect. Specifically, the CFAA affords employers civil remedies which can be applied to workplace and unfair competition disputes by (1) providing employers with federal court jurisdiction over such disputes and (2) allowing employers to bring a CFAA claim without proving that the information fraudulently acquired was a trade secret, constituted confidential or proprietary information or breached an employment contract, confidentiality agreement or non-compete agreement. Read the rest of this entry »

The law governing ownership of invention, trade secret and patent rights between employers and employees is premised on a few well-settled principles. As a general rule, an employee retains ownership of any invention or trade secret conceived and/or reduced to practice while in the course of his or her employment. Read the rest of this entry »

The tragic events of 9/11 and Hurricane Katrina were not only horrific human tragedies, but also served as warnings to businesses to revisit their own disaster recovery plans.  According to published reports, in many instances the difference between those companies forced to close their doors, and those able to continue doing business, was well planned disaster recovery procedures including off-site data backup. Read the rest of this entry »