NLRB Says “Liking” a Post on Facebook Constitutes Protected Activity

In an August 22, 2014 decision, the National Labor Relations Board (“NLRB”) held that employees engaged in protected concerted activity by posting and “liking” on Facebook, continuing the NLRB’s trend of adopting expansive interpretations of what constitutes protected concerted activity in the social media context. The case, Triple Play Sports Bar and Grille , is a cautionary […]

False Reports of Trade Secret Theft Can Result in Defamation and Libel Claims Against the Reporter

A California state court recently permitted the defamation and libel claims of Lan Lee, a former employee of NetLogic Microsystems, to move forward against Yunchun Li, the wife of the employee’s former business partner. Li told the FBI and the CEO of NetLogic that Lee was transferring Netlogic’s trade secrets to China (among other things).  Li […]

New Social Media Survey – 70% of Employers Disciplined Employees for Social Media Misuse

Proskauer Rose LLP recently released its third Social Media in the Workplace Around the World 3.0 survey. Drawing 110 responses from a broad range of businesses, the survey reveals interesting trends in how businesses are addressing the ever-increasing use of social media in the workplace. In terms of social media policy implementation, while 20% of […]

Is Your Smartphone Safe? Mandatory “Kill Switches” May Be On The Horizon

Do you worry about strangers, competitors or foreign governments looking at personal and business information on your smartphone in the event that device is lost or stolen?  If so, you are not alone.  To alleviate some of that concern, we always recommended that employers obtain employee consent to “remote wipe” employee smartphones containing employer information – and to obtain […]

Civil and Criminal Perspectives on Trade Secret Theft and Data Loss Prevention

On February 27, 2014, Fredrikson kicked off its new “Practical Perspectives” seminar series.  As the Chair of our Trade Secrets and Non-Competes Groups, I was fortunate to moderate the panel discussion with some of our trade secret litigators, as well as representatives from the FBI and the U.S. Attorney’s Office.  I have summarized the key take-aways and practical perspectives shared […]

$25 Million Jury Verdict Highlights Dangers of Entrusting Third Parties With Trade Secrets

LBDS is a Texas developer of cardiac MRI technology.  ISOL Technology Inc. is a manufacturer of MRI systems based in South Korea.  According to a federal court complaint (LBDS Holding Company, LLC v. ISOL Technology Inc. et al., 6:11-cv-00428, (E.D. Tex. Aug. 16, 2011)), LBDS contracted with ISOL in 2008 to purchase MRI systems with […]

Teenager’s Facebook Posts Blow Up Father’s Age Discrimination Settlement

According to the Miami Herald, a Florida teenager’s Facebook posts cost her father an $80,000 settlement in an age discrimination case against his former employer, Gulliver Preparatory School. The settlement, not surprisingly, contained a confidentiality clause requiring the “terms and existence” of the agreement to be kept private.  Not letting this get in her way, […]

Data Protection and Trade Secret Theft – from Prevention to Enforcement

Companies are increasingly being pressured to defend their data protection programs and make trade secret protection a top priority.  This pressure arises from many sources, including, reports of corporate espionage by foreign governments,  employees’ increased use of smart phones, tablets and external storage devices, and studies showing that a large percentage of departing employees take confidential company information with them when they leave a company’s […]