Trade Secret Attorney, Non-Compete Agreement Attorney

IBM v. PSI: Trade Secret Beheamoths

The trade secret dispute between IBM and PSI, two competitors in the highly profitable mainframe market, has taken another turn with PSI’s recent summary judgment filing on April 23.  This case emphasizes the importance of timely investigating and prosecuting your rights in trade secret cases.  A failure to assert your rights upon first noticing that your trade secrets may have been misappropriated can jeopardize your case later.  It is important to protect your trade secrets both in business dealings and in court.

Protecting Company Data is More Important Than Ever

When you hear the phrase “trade secret,” it often brings to mind an image of the secrets that companies want to keep safe from their competitors.  But companies need to protect the personal information of their customers as well, whether on a laptop, Blackberry, iPhone, point of sale device, or when sent over a wireless or wired network.  Companies are not safe from lawsuits for the loss of this personal information, and they can be at increased risk if they store unencrypted customer data on laptops.  The Ninth Circuit has recently said that companies can be held liable for simply creating a risk that customer data will be stolen.

Trade Secret Laws | Memorized Customer Lists a Trade Secret Thoughtcrime?

Can a confidential customer list qualify under trade secret laws if it is merely memorized by a former employee if the employee didn't sign a non-compete or non-solicitation agreement?  According to the Ohio Supreme Court and the Ohio Trade Secrets Act, it can. Robert Martin, a former employee of Al Minor & Associates, took 15 of his former clients with him when he left the company in 2003.  Martin remembered the customer information purely from memory and solicited those clients to a new company.  Upon hearing of this competition, Al Minor filed for damages and an injunction in the trial court.  The trial court referred the trade secret case to a magistrate, who awarded AMA $25,973 in fees that they otherwise would have earned from their former clients.

If you have a non-compete or trade secret law issue you may contact one of our attorneys for a no-risk evaluation or call 866.936.7447 (International Toll Free).