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Trade Secrets Law Blog

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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

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

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

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

Non-Competes

Buyer Beware: Delaware Declines to Enforce Sale of Business Non-CompeteFTC Seeks to Ban Noncompete Agreements in Employment ContractsOne Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi

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

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

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
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Sheppard Mullin’s Trade Secrets Law Blog offers breaking industry news, legal analysis, and updates on emerging issues involving a variety of related topics.

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  • Buyer Beware: Delaware Declines to Enforce Sale of Business Non-Compete
  • FTC Seeks to Ban Noncompete Agreements in Employment Contracts
  • 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

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