Category Archives: Data Protection

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A Look Inside The Sony Hack

Fortune Magazine released its first installment in a three-part story on what it’s calling “The Hack of the Century.” The story on the Sony hack is turning into a cautionary tale on what companies should not do to protect their computer networks. And it’s worth taking the time to read this compelling and in-depth look into what may … Continue Reading

The CFAA Debuts In The Big Leagues

Accessing someone’s computer without authorization is a federal crime under the Computer Fraud and Abuse Act (CFAA). This past week, several news sources have reported that the FBI and Justice Department are investigating executives of the St. Louis Cardinals for allegedly violating the CFAA by hacking into the Houston Astros’ internal computer network.  It’s suspected that the Cardinals’ front … Continue Reading

On the Hill: Congress “Attacks” Cyber-Security

Cyber-security and data breaches are hot-button issues that recently received some well-deserved attention from the federal government. Last year we posted about the FBI’s efforts to combat economic espionage and trade secret theft. At that time, the Assistant Director of the FBI—who was testifying before a Senate subcommittee—offered salient advice on how American companies could … Continue Reading

Can You Go Too Far in Protecting Trade Secrets?

This post was originally published as an article in Volume 23 of the Louisiana Employment Law Letter. The U.S. Fifth Circuit Court of Appeals in New Orleans recently held that an employer’s policy for protecting its confidential and proprietary information was unlawful under the National Labor Relations Act (NLRA). Specifically, the Fifth Circuit held that a … Continue Reading

Regulatory Round-Up on Cybersecurity

Financial regulators continue to sound the alarm about cybersecurity. The Federal Financial Institutions Examination Council (“FFIEC”) conducted a cybersecurity webinar on May 7, 2014, targeted at senior management of community banks. The FFIEC noted that attacks on smaller institutions are escalating in number and sophistication. The presenters noted that too many banks regard cybersecurity as … Continue Reading

Bring Your Own Device… But Beware

Over the last decade, smart phones, laptops, and tablets have become essential components for a successful business model. Many business leaders correlate increased mobile connectivity with increased productivity. In theory, remote access to company data allows employees to efficiently work anytime, anywhere. “Bring Your Own Device” (BYOD) policies have emerged as one of the most popular options … Continue Reading

Trade Secret Theft Accounts For 1-3% of US GDP—Trade Secret Audits A Must

PricewaterhouseCoopers LLP (PwC) and the Center for Responsible Enterprise and Trade (CREATe.org) collaborated to access the economic impact of trade secret theft. Their recently published Report estimates that trade secret theft accounts for nearly 1-3% of the US GDP. This impact highlights that companies should focus on tightening internal safeguards to protect trade secrets information. The Report offers a … Continue Reading

Texas Court Dissolves Injunction Vaguely Defining “Confidential Information”

An employer in Texas did nearly everything right to protect its stolen trade secrets—except adequately specify what the injunction restrained the employee from doing.  The opinion in Lasser v. Amistco Separation Products Inc., No. 01-13-00690 (Tex. App.—Houston Feb. 6, 2014), highlights the need for clearly defining restraints in any injunctive relief sought. Amistco Separation Products, … Continue Reading
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