Category Archives: Data Protection

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Employee Monitoring and Protecting Trade Secrets in Remote Work Environments

With large swaths of the workforce working remotely, some employers have growing concerns about employee productivity, as well as information security and confidentiality. In today’s remote work era, organizations face significant challenges in balancing employee monitoring with safeguarding confidential information and trade secrets. This article explores key insights and strategies for HR professionals navigating these … Continue Reading

Louisiana OMV Data Breach – How Should You Respond?

On Thursday, June 15, the Louisiana Office of Motor Vehicles (OMV) experienced a data security breach resulting in the loss of the personal information of potentially millions of Louisianans due to a global cyberattack involving the exploitation by hackers of a vulnerability in MOVEit Transfer, an electronic file transfer tool developed by Progress Software. In … Continue Reading

24 Hours: Government Likely to Require Notice of Ransomware Payments from Banks, Other Key Businesses

Most banks and their service providers are familiar with the final rule governing notice for “notification incidents” and “cyber security incidents.” With compliance due by May 1, 2022, the rule establishes standards and deadlines for service providers to notify banks of such incidents and for banks to notify their primary federal regulator “as soon as possible and … Continue Reading

Hubert and Kee Present on Protecting Company Information

Tom Hubert and PJ Kee, partners in the Labor & Employment Practice Group, presented “Don’t Let The Grim Reaper Hack Into Your Trade Secrets” during the Louisiana Chapter of the Association of Corporate Counsel October CLE on October 29, 2021. The presentation featured a discussion on proper techniques and best practices to protect yourself from … Continue Reading

Hacked? Compromised Employee Data May Trigger Duty for Employer to Notify Affected Employees

Hackers are getting creative. As they gather information about potential targets for identify theft and other cybercrimes, they increasingly target companies’ human resources departments. Employee records often contain troves of sensitive personal information sought by such criminals – from original employee applications with social security numbers and driver’s license numbers, bank draft forms with bank … Continue Reading

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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