Briefing Recap! Trade Secret Protection: What Every California Employer Needs To Know

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Seyfarth Shaw LLP

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With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
•Employers should continue to use caution when using non-California forum selection clauses and choice of law provisions in agreements that are "conditions of employment" with California employees.
United States Intellectual Property

In a series of breakfast briefings, Seyfarth attorneys Robert Milligan, Joshua Salinas, and Scott Atkinson, joined by Jim Vaughn, one of California's leading computer forensic experts, discussed how to navigate the tricky waters and provided best practices for trade secret protection. The briefings covered how to best identify and protect trade secrets, what employers need to know about the DTSA, the impact of new California Labor Code Section 925, how to catch a trade secret thief, and more. Click here to see the slides from the briefings.

As a conclusion to this well-received Breakfast Briefing Series, we compiled a summary of three takeaways that were discussed during the briefings:

  • Employers should continue to use caution when using non-California forum selection clauses and choice of law provisions in agreements that are "conditions of employment" with California employees. Attempting to enforce such provisions may not only result in litigation, but may also result in the employer being on the hook for the employee's attorney's fees under California Labor Code section 925.
  • Employers should update nondisclosure agreements and company policies to include language reference to the Defend Trade Secrets Act whistleblower provisions.
  • Employers should remember that mobile devices can be configured differently, and depending on how they allowed them to be configured, can be problematic post departure of the employee. Corporate partitions, company iTunes accounts, and mobile device management systems are all options to consider.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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