@Proskauer Rose Attorney Steve Kayman and Judicial Law Clerk Lauren Davis published this opinion piece on Law 360 to all of whom we acknowledge their copyright protection. http://tinyurl.com/yaaonlmd “A Call for Nationwide Consistency on Noncompetes” rightly urges for more consistency in the construction and application of laws on Restrictive Covenants and Non-Competes in employment agreements and in the workplace. The authors correctly point out the difficulty that lawyers have in advising corporations, particularly large ones, about the enforceability of restrictive covenants especially when the business and/or employee have interstate commerce. Some states are essentially outlawing non-competes and if an employee leaves one state to work in another, the choice of law and jurisdiction issues generally erupt in any litigation. Kayman rightly points out that courts are looking to extra contractual facts to assist in making a breach of contract decision in lawsuits over these agreements. Finally – Kayman and Davis suggest a possible parallel between this issue and the Defend Trade Secrets Act (DTSA) which has now created a federal remedy for misappropriation of trade secrets. Trade secret claims are often paired with non-compete claims so this parallel, and new federal legislation might be the solution. The law on these issues is clearly in a state of flux. We thank Kayman and Davis for this opinion piece.
Posted by Henry M. Sneath, Esquire Co-Chair Litigation Practice Group and Chair of the IP Practice Group: Houston Harbaugh, P.C. 401 Liberty Avenue, Pittsburgh, Pa. 15222. Sneath is also an Adjunct Professor of Law teaching two courses; Trade Secret Law and the Law of Trademarks and Unfair Competition at Duquesne University School of Law. Please contact Mr. Sneath at 412-288-4013 or firstname.lastname@example.org.
Posted in Business Risk, Defend Trade Secret Act 2016, DTSA, dtsalaw, Employment Agreements, Houston Harbaugh, Non-Compete Agreements, Restrictive Covenants
Tagged DTSA, Employment Agreements, Non-Compete Agreements, Restrictive Covenants, Trade Secrets
Blackberry is still in the hunt. I have one. I need the keyboard. Can’t seem to make even my skinny fingers hit the virtual keyboard letters and numbers on an iPhone. I get teased by my kids. People on airplanes pull out their Blackberrys and say “Hey – you’re a dinosaur too.” However, look at Blackberry now flexing their patent muscles and suing Facebook, WhatsApp and Instagram. Take that big boys. Thanks to Steve Brachmann and IPWatchdog for bringing us the story at this link: http://tinyurl.com/y9drr6hk . Blackberry pleads pre-emptory claims that seek to avoid dismissal per §101 “Alice” defenses. This “getting ahead of 101” in pleading is becoming the rage in patent suits. Great article. Thanks IPWatchdog.
Posted by Henry M. Sneath, Esq. at HoustonHarbaugh P.C., Pittsburgh, Pa. 412-288-4013 or email@example.com
Posted in Houston Harbaugh, Patents, Technology
Tagged Drone Pollinators, Drones, intellectual property, intellectual property litigation, patent, patent eligible subject matter, patent prosecution, pittsburgh intellectual property litigation, pittsburgh patent litigation, USPTO
From our friends at Law.Com: In the growing market for cyber insurance, carriers are trying to compete on price. One carrier, Coalition is offering discounts if your company creates a partnership with a “white hat hacker” and establishes a bug bounty with that hacker. The hacker gets a bounty for finding vulnerabilities. Legal Tech author Rhys Dipshan details the program in the article at this link: http://tinyurl.com/ydck3nxg
Dipshan reports that “bug bounties” are becoming a popular weapon in combating cyber attacks. “Unsurprisingly” Dipshan reports, “bounty programs are becoming increasingly common in the tech and corporate world, with companies such as Facebook, Microsoft and Uber offering compensation for vulnerability disclosures. They also have caught on in the federal government as well, with the Department of Defense launching its “Hack the Pentagon” and “Hack the Air Force” programs.” Do you need a cyber bounty hunter?
Posted by Henry M. Sneath, Esq. HoustonHarbaugh, P.C. – Pittsburgh, Pa. https://www.hh-law.com Chair of the Intellectual Property Practice Group and Co-Chair Litigation Practice Group. Contact at: firstname.lastname@example.org or 412-288-4013
Posted in Business Risk, Cybersecurity, Data Breach Prevention, Data Breach Response, Data Security, Houston Harbaugh, Technology, Trade Secret
Tagged Data breach, data breach response, data security, pittsburgh, pittsburgh intellectual property litigation, Pittsburgh Technology, Western District of Pennsylvania
Pittsburgh based law firm Houston Harbaugh, P.C. has announced its merger with the former and preeminent litigation boutique Picadio Sneath Miller & Norton, P.C. (PSMN®) effective January 1, 2018. The merger creates a 43 lawyer firm with particular strengths in Business Law and Business Litigation, Employment, Employee Benefits/ERISA, Environmental and Energy Law, Estates and Trusts, Health Care, Insurance Coverage and Bad Faith Defense, Immigration, Intellectual Property, Oil and Gas, Products Liability and Catastrophic Injury Defense, Public Finance and Real Estate. This blog will feature posts on the law and litigation of Patent, Trademark, Copyright, Trade Secrets, Defend Trade Secrets Act (DTSA), Cyber-Security, Technology matters and updates on the tremendous growth of the technology sector in Pittsburgh. Houston Harbaugh is proud to be among the regional law firms which are poised to provide high level, efficient, cost effective legal services for the new Eds, Meds, Energy and Technology economy in Pittsburgh, Ohio and West Virginia.
For more information on the merged firm please contact Marketing Director Anna Marks at 412-281-5060. See News Release regarding the merger here at: https://www.hh-law.com/houston-harbaugh-grows-litigation-practice/
Posted in Business Risk, Copyrights, Cybersecurity, Data Breach Prevention, Data Breach Response, Data Security, Defend Trade Secret Act 2016, DTSA, Houston Harbaugh, Lanham Act, Patents, PUTSA, Technology, Trade Secret, Trade Secret Misappropriation, Trademarks
Tagged copyright, copyright infringement, copyright litigation, Data breach, data breach response, data security, Houston Harbaugh Merger, intellectual property, intellectual property litigation, lanham act, patent, patent litigation, Picadio Sneath Miller & Norton, pittsburgh, pittsburgh intellectual property litigation, pittsburgh patent litigation, Pittsburgh Technology, pittsburgh trademark lawyer, PSMN®, technology, trademark litigation, Western District of Pennsylvania