Courts
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 ActDelaware Supreme Court Refuses to Enforce Noncompete Against Company Founder Who Joined CompetitorCompanies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law
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
Litigation
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 ActThe Rise of Trade Secret LitigationSigned, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order
Non-Competes
Delaware Supreme Court Refuses to Enforce Noncompete Against Company Founder Who Joined CompetitorCalifornia Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition AgreementMaine Governor’s Veto of Non-Compete Ban Bucks Growing Trend Among States and Federal Trade Commission
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
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 ActThe Proliferation of Trade Secret Misappropriation and U.S. Enforcement ChoicesCompanies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law
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