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 ActCybercrime 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

Ninth Circuit Refuses to Apply California’s “Reasonable Particularity” Requirement to Claims Under the Defend Trade Secrets ActDelaware Courts Limit Noncompete Enforcement in Incentive PlansEvidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret Misappropriation Under the California Uniform Trade Secrets Act

CUTSA

Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret Misappropriation Under the California Uniform Trade Secrets ActTrade 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 CaseNDA: An Effective Way to Protect Confidential InformationTrade 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 MismatchA 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 OrderTrade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited DiscoveryTrade 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 ChoicesReap What You Sow – Sixth Circuit Affirms Recovery of Research and Development Costs to Agricultural Company in Trade Secret CaseOne 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

FTC Signals Shift to Targeted Enforcement of Non-Competes in the Healthcare IndustryMaine Governor’s Veto of Non-Compete Ban Bucks Growing Trend Among States and Federal Trade CommissionNot So “Final”? Texas Federal Court Enjoins Enforcement of FTC’s Noncompete Ban, Leaving Future of Commission’s Rule in Doubt

Intellectual Property

Federal Circuit Upholds Setting Aside of Jury Verdict Where Trade Secrets Not Identified With Sufficient ParticularityThe Rise of Trade Secret Litigation

Litigation

Delaware Courts Limit Noncompete Enforcement in Incentive PlansEvidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret Misappropriation Under the California Uniform Trade Secrets ActThe Rise of Trade Secret Litigation

NDAs

Preserving Trade Secrets By Taking Additional Protective Measures In Your Licensing AgreementNDA: An Effective Way to Protect Confidential InformationA 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

FTC Signals Shift to Targeted Enforcement of Non-Competes in the Healthcare IndustryDelaware Courts Limit Noncompete Enforcement in Incentive PlansDelaware Supreme Court Refuses to Enforce Noncompete Against Company Founder Who Joined Competitor

Non-Solicits

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

Patent

The Rise of Trade Secret LitigationUnfashionably Late: Seventh Circuit Rejects Misappropriation Claim Premised On Prototype Created Eleven Years PriorTrade 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 CaseOne Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. LombardiInsufficient 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 CaseOne Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. LombardiThe 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 OpponentIllinois Appellate Court Upholds Sanctions Against Radio Advertiser For Bad Faith Trade Secrets ClaimsFifth 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

Federal Circuit Upholds Setting Aside of Jury Verdict Where Trade Secrets Not Identified With Sufficient ParticularityFTC Signals Shift to Targeted Enforcement of Non-Competes in the Healthcare IndustryNinth Circuit Refuses to Apply California’s “Reasonable Particularity” Requirement to Claims Under the Defend Trade Secrets Act

Unfair competition

Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret Misappropriation Under the California Uniform Trade Secrets ActIllegal Deal? Ninth Circuit Rejects Attempt to Revive No-Poaching ClaimsTaboola the Latest Target of DOJ’s Aggressive Antitrust Scrutiny of Hiring Practices

UTSA

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