http://www.iplawforstartups.com/minimize-the-risk-of-being-sued-by-your-former-employer-quit-your-job-like-a-baby/ Lessons on trade secret, trademark, copyright & patent law for entrepreneurs Mon, 19 Sep 2011 21:12:38 +0000 http://wordpress.org/?v=2.9.1 hourly 1 http://www.iplawforstartups.com/minimize-the-risk-of-being-sued-by-your-former-employer-quit-your-job-like-a-baby/comment-page-1/#comment-86 Tweets that mention Minimize the Risk of Being Sued by Your Former Employer: Quit Your Job Like a Baby -- Topsy.com Sat, 27 Mar 2010 18:53:32 +0000 http://www.iplawforstartups.com/?p=85#comment-86 [...] This post was mentioned on Twitter by Scott Edward Walker. Scott Edward Walker said: Minimize the Risk of Being Sued by Your Former Employer: Quit Your Job Like a Baby (via Jill Bowman) http://bit.ly/dcY2EA [...] [...] This post was mentioned on Twitter by Scott Edward Walker. Scott Edward Walker said: Minimize the Risk of Being Sued by Your Former Employer: Quit Your Job Like a Baby (via Jill Bowman) http://bit.ly/dcY2EA [...]

]]> http://www.iplawforstartups.com/minimize-the-risk-of-being-sued-by-your-former-employer-quit-your-job-like-a-baby/comment-page-1/#comment-82 Jill Hubbard Bowman Fri, 26 Mar 2010 02:49:12 +0000 http://www.iplawforstartups.com/?p=85#comment-82 The legislatures in California and Washington have tried to stop employers from claiming the inventions of their employees to some extent. But even California recognizes contracts that own employees' "ideas", especially ideas that were thought up on company time with company tools in response to company problems. Because employees take their brains with them when they leave, some jurisdictions recognize an "inevitable disclosure" doctrine claiming that it will be inevitable that an employee will use trade secrets that are in his brain in his new job. Consequently, courts may limit the employees future employment. California has refused to endorse this doctrine. At least one economist has argued that such idea/trade secret leakage is a good thing that helps the economy and makes Silicon Valley a vibrant place. The legislatures in California and Washington have tried to stop employers from claiming the inventions of their employees to some extent. But even California recognizes contracts that own employees’ “ideas”, especially ideas that were thought up on company time with company tools in response to company problems. Because employees take their brains with them when they leave, some jurisdictions recognize an “inevitable disclosure” doctrine claiming that it will be inevitable that an employee will use trade secrets that are in his brain in his new job. Consequently, courts may limit the employees future employment. California has refused to endorse this doctrine. At least one economist has argued that such idea/trade secret leakage is a good thing that helps the economy and makes Silicon Valley a vibrant place.

]]> http://www.iplawforstartups.com/minimize-the-risk-of-being-sued-by-your-former-employer-quit-your-job-like-a-baby/comment-page-1/#comment-81 Waverly Wed, 24 Mar 2010 23:22:29 +0000 http://www.iplawforstartups.com/?p=85#comment-81 Jill, Thank you for the series! Love the tone of your posts. One question that arises from this post is about "having an idea on company time." If your job inspired your idea - it was a problem you noticed that wasn't being solved for customers, it was a gap in your company's offerings, it was a piece of technology made possible by tools you worked with at the company, etc - is it the property of your company? I worked for an IP company that basically claimed it owned all my intellectual efforts conceived while an employee of the company in my employment contract - whether they were worked on during work hours or not. You can't leave all your ideas behind. Thoughts? Jill, Thank you for the series! Love the tone of your posts. One question that arises from this post is about “having an idea on company time.” If your job inspired your idea – it was a problem you noticed that wasn’t being solved for customers, it was a gap in your company’s offerings, it was a piece of technology made possible by tools you worked with at the company, etc – is it the property of your company? I worked for an IP company that basically claimed it owned all my intellectual efforts conceived while an employee of the company in my employment contract – whether they were worked on during work hours or not. You can’t leave all your ideas behind. Thoughts?

]]>