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Non-Compete and Trade Secrets Blog

Posts in Unfair Competition/Employee Raiding.

Now available on demand -- Join us for this free one hour webinar as we explore steps employers can take to address the risks presented by social media to their trade secrets. The use of online social media for professional purposes is becoming increasingly prevalent. Employees are often very casual about what they say and do online. Any business that does not have a solid contract, a sound social networking policy, or does not train its employees on the do's and don'ts of social networking may have a critical security gap in the protection of its trade secrets.

Departing employees sometimes access workplace computer systems to obtain information for purposes of using it in competition with their employer. Employers should exercise caution when undertaking such investigations to ensure they do not violate the Electronic Communications Privacy Act or the Stored Communications Act.

If you had dismissed Oracle's lawsuit against rival SAP as just one more squabble between giant IT competitors, you likely weren't alone. But on Tuesday, November 23, 2010, all that changed when a nothern California jury ordered SAP to pay Oracle a whopping $1.3 billion for theft of software and related documents.

Good mergers can turn bad without attention to employee retention -- be sure to carefully analyze the existence and enforcability of non-competes signed by key employees early in the process.

When employees jump ship, a company still may have legal options, even when the employees didn't sign non-competes.

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