PJ Kee

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PJ Kee is an Editor and Founder of the Trade Secret Insider and a member of Jones Walker’s Trade Secret and Non-Compete Team. He regularly litigates cases involving trade secret theft, non-competes, computer fraud, conspiracies, and unfair competition, and counsels clients on strategies to protect their trade secrets. Mr. Kee also represents clients in criminal proceedings and litigates complex commercial and employment matters involving various breach-of-contract claims, business torts, invasion of privacy claims, defamation, and wage and hour disputes. He can be reached at pkee@joneswalker.com or 504.582.8230.

 

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Time To Review Your Non-Competes

By PJ Kee on Posted in Non-Compete
Companies with employees across multiple states face an administrative challenge. How do they ensure that their non-compete programs remain up to date with the various states law requirements for enforcement? Four states have recently passed legislation that reinforces the importance of addressing this question. The highlights below from the changing non-compete landscape should prompt companies to review their … Continue Reading

A Trade Secret Reminder — Take “Reasonable Steps”

By PJ Kee on Posted in Trade Secret, Trade Secret Audit
The Center for Responsible Enterprise and Trade (CREATe.org) just released a new White Paper, “Reasonable Steps” To Protect Trade Secrets: Leading Practices in an Evolving Legal Landscape. It’s a must read for companies grappling with how best to protect and manage their trade secrets. We have discussed a previous CREATe report that discussed the devastating economic effect that … Continue Reading

Hulk Hogan, Sex Tapes, And The FBI: Lesson Learned

By PJ Kee on Posted in CFAA, Criminal, Public Records, Trade Secret
When the celebrity gossip blog Gawker decided to post highlights from a sex tape starring Hulk Hogan, it never thought that decision would lead to suing the FBI. But that’s what happened—and just recently, Gawker prevailed. A federal judge in Florida ordered that the FBI and the Executive Office of United States Attorneys (EOUSA) must respond to Gawker’s FOIA request—even though the agencies argued … Continue Reading

A Look Inside The Sony Hack

By PJ Kee on Posted in Confidential Information, Data Protection
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

By PJ Kee on Posted in CFAA, Data Protection, Trade Secret
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

Forum Selection Clause Causes Roadblock In Trade Secret Case

By PJ Kee on Posted in Confidential Information, NDAs, Trade Secret, Uncategorized
The recent decision in Wellogix, Inc. v. SAP America, Inc., No. 14-0741 (S.D. Tex. Nov. 10, 2014), demonstrates that federal courts can rely on contractual forum selection clauses to dismiss or transfer trade secret theft cases. It’s a reminder to weigh how these clauses could impact litigation strategies and to consider the specific language negotiated … Continue Reading

Can You Go Too Far in Protecting Trade Secrets?

By PJ Kee on Posted in Confidential Information, Data Protection, Employee Monitoring, Trade Secret, Uncategorized
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

CFAA “Clouds” In The Aloha State

By PJ Kee on Posted in CFAA
The federal district court for Hawaii recently held that assessing a “cloud” computing platform qualifies as assessing a “protected computer” under the Computer Fraud and Abuse Act (CFAA). The holding should not come as a shock. For some, the real shock stems from even arguing that “cloud” computing falls beyond CFAA’s purview. As one blog … Continue Reading

European Union Close To Adopting Trade Secret Directive

By PJ Kee on Posted in European Union, Trade Secret
The U.S. Senate is not alone when considering whether to federalize trade secret law, as the European Parliament and Council will soon discuss proposed legislation aimed at normalizing trade secret law for EU member states. The European Commission proposed a draft directive to both the Parliament and the Council in November 2013, and now the European Council has … Continue Reading

Thinking Beyond The NDA

By PJ Kee on Posted in NDAs, Trade Secret, Trade Secret Audit
Non-Disclosure Agreements are now staples for start-ups seeking funding from third-party investors. But entrepreneurs shouldn’t rely solely on NDAs to protect their nascent trade secrets. You must think beyond the agreement—especially in tech industries where competitive advantages go stale quickly. Two recent blog posts highlight helpful strategies for tech entrepreneurs to begin this process, though in … Continue Reading

Chinese Military Officers Indicted For Economic Espionage And Trade Secret Theft

By PJ Kee on Posted in CFAA, Criminal, Economic Espionage Act, Trade Secret
A federal grand jury in Pennsylvania indicted five Chinese military officers for economic espionage and trade secret theft this morning.  According to the indictment, the five officers engaged in an elaborate conspiracy to hack into the computer networks of five U.S.-based companies, as well as a labor organization, to steal trade secrets and proprietary information … Continue Reading

On The Hill: FBI Offers Tips For Fighting Trade Secret Theft

By PJ Kee on Posted in Congress, Criminal, Trade Secret
On May 13, 2014, before a Senate subcommittee, the FBI’s Assistant Director for the Counterintelligence Division testified about the bureau’s efforts to combat economic espionage and trade secret theft—which cause, according to the Office of the National Counterintelligence Executive, “tens or even hundreds of billions of dollars annually to the American economy.” Fighting economic espionage and trade … Continue Reading

Employers Receive Friendly Computer-Fraud-And-Abuse-Act Ruling From Louisiana Court

By PJ Kee on Posted in CFAA, Trade Secret
The U.S. Eastern District of Louisiana recently sided with employers in the on-going judicial debate over interpreting the Computer Fraud and Abuse Act (“CFAA”). See Associated Pump & Supply Co., LLC v. Dupre, et al., No. 14-0009 (E.D. La.). Associated Pump sued its former employee Kevin Dupre for violating CFAA during his alleged scheme to steal … Continue Reading

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

By PJ Kee on Posted in Data Protection, Trade Secret, Trade Secret Audit
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”

By PJ Kee on Posted in Confidential Information, Data Protection, Injunction
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

FDA Spy Games: Employee Monitoring Requires Legal Advice

By PJ Kee on Posted in Confidential Information, Employee Monitoring, Trade Secret
The Office of Inspector General and a joint staff for two ranking Republican lawmakers recently issued critical reports on the FDA’s 2010-2011 employee monitoring for trade-secret leaks (see OIG and Joint Staff). They criticize the FDA for essentially “spying” on its employees without first assessing whether the computer monitoring may violate federal wiretapping laws and … Continue Reading
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