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

Texas Revolution: State Legislature Creates New Business Court System to Handle Significant Commercial Disputes

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 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

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

Litigation

Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective OrderCalifornia Labor Code Section 925: A Word of Caution for Out-of-State Employers of California EmployeesNinth Circuit Applies the “Continued Use” Doctrine to the Defend Trade Secrets Act

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

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

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

Unfashionably 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

Unfair competition

Illegal Deal? Ninth Circuit Rejects Attempt to Revive No-Poaching ClaimsTaboola the Latest Target of DOJ’s Aggressive Antitrust Scrutiny of Hiring PracticesIxchel 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 CaseThe Developing “Avoided Costs” Remedy in Trade Secret LitigationInsufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation