Bailey Cavalieri LLC

While Bailey Cavalieri was formed in 2003, our lineage can be traced back more than 100 years. Built on the foundation of a large, national law firm, we have the experience and resources to handle the most complex and sophisticated matters with the efficiency and responsiveness of a local, mid-size law firm.

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Given the ubiquity of thumb-drives and use of personal devices for work, it should come as no surprise that former employees frequently download and even retain their former employer’s sensitive information on their personal devices.  A Symantec study in 2013 found that ½ of the employees surveyed admitted to keeping confidential corporate data from their previous employer and 40% planned to use it in their new jobs.  However, is the fact that an employee downloaded confidential information, standing alone, enough to trigger a lawsuit and possibly an injunction?  A recent case…
As you will see, I have changed the format of my monthly wrap up post in two ways.  First, I am going to start including links to noteworthy decisions that I come across or are forwarded to me.  Unfortunately, since neither I nor other bloggers writing in this space can cover everything, this will be a useful feature for those practicing in this area.  Second, I am going to provide more commentary on some posts and cases, in…
The 10-year legal brawl between Goldman Sachs and its former programmer Sergey Aleynikov has spilled over into multiple courts — a federal conviction that was overturned, another conviction by a New York state jury still on appeal today, and finally, the fight in two different courts over payment of his defense fees.  While the prosecutions have garnered considerable media attention, the civil litigation over Aleynikov’s demand for advancement of his $10 million in legal fees from Goldman is the most…
Employers who want to hire from a competitor frequently have to contend with the potential fallout from the new employee’s non-compete.  Any misstep in that hiring process can easily lead to costly and time-consuming litigation.  If an employer wants to go forward with that hire but try to minimize its risk of litigation, one popular approach is to implement affirmative steps safeguarding the prior employer’s trade secrets and avoiding solicitation of the former employer’s customers (see my previous posts on how that strategy has been used successfully by Hewlett Packard and Google in other cases).  However, there…
The issue of trade secret identification, on its face, seems like an elementary and uncontroversial one.  In concept, every trade secret plaintiff should be expected to identify the trade secrets in the lawsuit it brings.  After all, the plaintiff knows best what it considers to be a trade secret and what it doesn’t consider to be a trade secret, and the defendant shouldn’t be left to guess what those trade secrets might be.  For these and other reasons, California, a key…
Here are the noteworthy trade secret and restrictive covenant posts from September and some of October: Legislative Developments Massachusetts is once again contemplating multiple bills regarding non-competes as well as a possible adoption of what appears to be the DTSA advises Russell Beck in his Fair Competition Blog.  Russell and his team also have summaries of legislative activity in Maryland, Maine, Michigan, New York, Oregon, Pennsylvania, Washington and West Virginia, among others.…
One of the most hotly contested disputes in the Waymo v. Uber trade secrets lawsuit has centered around the disclosure of a forensic consultant’s due diligence report that Uber commissioned after learning that its former star engineer, Anthony Levandowski, had taken confidential files from his former employer Waymo.  Uber and Levandowski had vigorously resisted the production of the report but the court order directing its production was recently affirmed by the U.S. Court of Appeals for the Federal Circuit.  That due diligence report,…
  I am honored to be presenting the Year in Review for Trade Secrets Law at the plenary session of the American Intellectual Property Law Association’s 2017 Annual Meeting this Saturday, October 21, 2017 at 9 a.m. at the Marriott Wardman Park Hotel in Washington, D.C. I will be covering significant trade secret developments from the past year, including a discussion of key rulings in the Waymo v. Uber Technologies case, developments under the Defend Trade Secrets Act (DTSA), including recent cases addressing the ex parte…
I am very excited to announce that I have been invited to speak on trade secret issues for the 27th All Ohio Annual Institute on Intellectual Property in Cincinnati and Cleveland this week.  For those in Kentucky, Ohio and Indiana who may be interested in attending, I will be providing a presentation entitled “What Driverless Cars, Solar Panels and Tapping Robots Can Teach Us About Trade Secrets Law” this Wednesday, September 13, 2017 in Cincinnati and Thursday, September 14, 2017…
Here are the noteworthy trade secret, restrictive covenant and cybersecurity posts from the month of August (warning, there are a lot): Defend Trade Secrets Act Munger Tolles’ Miriam Kim, Carolyn Hoecker Luedtke and Laura Smolowe have put together another fine summary of the trends they are tracking under the Defend Trade Secrets Act.  There are several interesting findings in the summary.  For example, state courts and state law remain the preferred forum and substantive law for trade secrets…