Topics

Artificial Intelligence

Mind Your Audience: Disclosure of Confidential Information to AI Programs Can Give Rise to Trade Secret Misappropriation Claims

Attorney’s Fees

Attorney’s Fees May Be Recoverable in Trade Secret Cases, Even Without Damages

CFAA

Supreme Court Narrows The Scope of Liability Under The Computer Fraud and Abuse Act Cybercrime 2020 – The Rise of “Vishing”Extraterritorial Application of the Computer Fraud and Abuse Act

Coronavirus

Trade Secret Protection & the COVID-19 Cure: Observations on Federal Policy-Making & Potential Impact on Biomedical Advances

Courts

Delaware Supreme Court Refuses to Enforce Noncompete Against Company Founder Who Joined Competitor Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be Proved Under Virginia Trade Secrets Law

CUTSA

Trade Secret Takeaways from the Ninth Circuit’s Decision in InteliClear, LLC v. ETC Global Holdings, Inc.

Damages

Reap What You Sow – Sixth Circuit Affirms Recovery of Research and Development Costs to Agricultural Company in Trade Secret Case NDA: An Effective Way to Protect Confidential Information Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order

Data Preservation

Cybercrime 2020 – The Rise of “Vishing”Self-Driving Cars and Auto-Deletes: An Epic E-Discovery Mismatch A Cautionary Trade Secrets Tale: Failure To Preserve Potentially Relevant Evidence

Discovery

Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order Trade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited Discovery Trade Secret Takeaways from the Ninth Circuit’s Decision in InteliClear, LLC v. ETC Global Holdings, Inc.

DTSA

The Proliferation of Trade Secret Misappropriation and U.S. Enforcement Choices Reap What You Sow – Sixth Circuit Affirms Recovery of Research and Development Costs to Agricultural Company in Trade Secret Case One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi

Enforcement

The Proliferation of Trade Secret Misappropriation and U.S. Enforcement Choices

FTC

Maine Governor’s Veto of Non-Compete Ban Bucks Growing Trend Among States and Federal Trade Commission Not So “Final”? Texas Federal Court Enjoins Enforcement of FTC’s Noncompete Ban, Leaving Future of Commission’s Rule in Doubt FTC Votes to Ban Noncompete Agreements

Intellectual Property

The Rise of Trade Secret Litigation

Litigation

The Rise of Trade Secret Litigation Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order California Labor Code Section 925: A Word of Caution for Out-of-State Employers of California Employees

NDAs

Preserving Trade Secrets By Taking Additional Protective Measures In Your Licensing Agreement NDA: An Effective Way to Protect Confidential Information A Cautionary Tale on Including an Expiration Date in NDAs

No-Poach

Illegal Deal? Ninth Circuit Rejects Attempt to Revive No-Poaching Claims

No-Poach/Non-Solicitation

President’s Executive Order Aims to Foster a Competitive Marketplace

Non-Competes

Delaware Supreme Court Refuses to Enforce Noncompete Against Company Founder Who Joined Competitor California Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition Agreement Maine Governor’s Veto of Non-Compete Ban Bucks Growing Trend Among States and Federal Trade Commission

Non-Solicits

Illegal Deal? Ninth Circuit Rejects Attempt to Revive No-Poaching Claims Taboola the Latest Target of DOJ’s Aggressive Antitrust Scrutiny of Hiring Practices

Patent

The Rise of Trade Secret Litigation Unfashionably Late: Seventh Circuit Rejects Misappropriation Claim Premised On Prototype Created Eleven Years Prior Trade Secret vs. Patent – a False Dichotomy

Protection

Reap What You Sow – Sixth Circuit Affirms Recovery of Research and Development Costs to Agricultural Company in Trade Secret Case One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation

Remedies

Reap What You Sow – Sixth Circuit Affirms Recovery of Research and Development Costs to Agricultural Company in Trade Secret Case One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi The Developing “Avoided Costs” Remedy in Trade Secret Litigation

Sanctions

A High Mountain to Climb: Filing DTSA Claims Without any Evidence is Not Enough to Meet “Bad Faith” Standard for Awarding Attorneys’ Fees to Opponent Illinois Appellate Court Upholds Sanctions Against Radio Advertiser For Bad Faith Trade Secrets Claims Fifth Circuit Affirms Attorney’s Fee Award of $2.3 million in Misappropriation Case Against Former Employee who Failed to Comply with Court’s Objections Order

Trade Secret Misappropriation

The Proliferation of Trade Secret Misappropriation and U.S. Enforcement Choices Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be Proved Under Virginia Trade Secrets Law

Unfair competition

Illegal Deal? Ninth Circuit Rejects Attempt to Revive No-Poaching Claims Taboola the Latest Target of DOJ’s Aggressive Antitrust Scrutiny of Hiring Practices Ixchel v. Biogen: California B2B Noncompetes Do Not Per Se Violate B&P Section 16600, and Are Instead Subject to Rule of Reason

UTSA

Reap What You Sow – Sixth Circuit Affirms Recovery of Research and Development Costs to Agricultural Company in Trade Secret Case The Developing “Avoided Costs” Remedy in Trade Secret Litigation Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation