If you are attending the ABA Summer IPL Conference this month in Boston, you will have the opportunity to meet several leading IP bloggers, see their blogs and discuss blogging with them. I will be at the Marriott Copley Plaza to present my blog at the “Bloggers’ Corner” during the opening “get acquainted” reception on Wednesday, June 21st, from 6:00 to 7:00 P.M. I hope to see you there.
The other four blogs on display, and their respective blogmeisters, will be:
… Read the full article
Denise Howell at Bag and Baggage complimented my firm’s various blogs (1, 2 and 3) and I have to return the compliment. When I sat down with our web/blog master Nathan Burke to show him what I considered the best legal blogs, we basically started and stopped with Bag and Baggage. If I could bring only one blog to a desert island ….… Read the full article
Federal Wire Tap Statute. Last Fall Joe Laferrera wrote an extensive article discussing the First Circuit’s decision in Councilman v. United States. In that case the government had prosecuted Brad Councilman under the federal Wiretap Act, alleging he had violated the Act when he illegally copied email communications. The Federal Appeals Court for the First Circuit held that Councilman had not violated the Act, since he had not intercepted the communications while they were in transit. Rather, the emails were already stored on a computer, and therefore the Act did not apply.
Recently the First Circuit reconsidered the case en banc, reversing that decision. Joe has written an update to the original article, which can be found here.… Read the full article
“The thing to fear is not the law, but the judge”
Non Compete Agreements. The need to “spin” a litigation outcome to try to persuade the public that you won appears irresistible to large corporations. However, it’s hard to keep a straight face reading Microsoft’s pronouncements about the Seattle state court’s September 13th decision in Microsoft’s suit against Google and Dr. Kai-Fu Lee, until recently “the face of Microsoft in China.” Believe me, when your former employee is able to show up to work for your competitor the day after the decision on your preliminary injunction motion to enforce a non compete agreement, you have not won.
The fact is, a preliminary injunction seeking to enforce a non compete agreement is always highly uncertain. Some judges view non compete agreements as just another contract, to be enforced as written. Other judges have an almost philosophical antipathy to non competes, and will bend over backwards to find any reason not to enforce them.… Read the full article