Bret Cohen

Bret Cohen

Mintz Levin

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District Court Finds General Description of Trade Secret Sufficient to Satisfy Pleading Standard under Defend Trade Secrets Act

An important question for any plaintiff alleging trade secret misappropriation is: “How much detail should I provide about the stolen trade secrets in the complaint?” Answering this question often requires the balancing of...more

11/17/2016 - Corporate Counsel Defend Trade Secrets Act (DTSA) Federal Rules of Civil Procedure Misappropriation Trade Secrets Young Lawyers

Jawbone Fails to Prove Trade Secret Misappropriation by Fitbit at the ITC

Trade secret theft is a growing threat to American businesses. One obstacle to addressing misappropriation through a lawsuit can be a lack of direct evidence of theft. For example, if an employee leaves his company to work...more

11/17/2016 - ALJ Defend Trade Secrets Act (DTSA) Fitbit ITC Misappropriation Popular Trade Secrets

The Defend Trade Secrets Act: A Powerful New Tool for Employers

Trade secrets provide significant value for American companies. Take, for example, the formula for Coca-Cola. The exact formula for the popular softdrink is a closely guarded secret, and Coca-Cola’s exclusive ability to make...more

10/28/2016 - Cause of Action Accrual Defend Trade Secrets Act (DTSA) EEOC Misappropriation Notice Requirements Remedies Theft Theft of Trade Secrets Clarification Act Trade Secrets UTSA Whistleblowers

Industrial Espionage and the Defend Trade Secrets Act

American corporations are facing an ever increasing threat of misappropriation of their valuable trade secrets through industrial espionage, defined as the theft of a company’s trade secrets by an actor intending to convert...more

8/25/2016 - China Confidential Information Defend Trade Secrets Act (DTSA) Former Employee Industrial Espionage Misappropriation Monsanto Popular Preliminary Injunctions Replevin Restraining Orders Trade Secrets TRO

Ninth Circuit Provides Clarification Concerning the Definition of Trade Secret

On July 5, 2016, in United States v. Nosal, the Ninth Circuit Court of Appeals clarified the definition of “trade secret,” finding that data derived from a compilation of publicly available information can constitute a...more

8/2/2016 - Appeals Computer Fraud and Abuse Act (CFAA) Criminal Prosecution Defend Trade Secrets Act (DTSA) Economic Espionage Act Misappropriation Trade Secrets US v Nosal

District Court Judge Issues TRO and Preliminary Injunction Under the Defend Trade Secrets Act

In some of the first decisions under the newly enacted Defend Trade Secrets Act, on June 10 and 22, 2016, United States District Judge Jon S. Tigar granted a temporary restraining order and preliminary injunction in Henry...more

6/29/2016 - Corporate Counsel Defend Trade Secrets Act (DTSA) Misappropriation Restraining Orders Salespersons Trade Secrets

Protections of the Newly Enacted Defend Trade Secrets Act

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. This important new legislation creates a federal private civil cause of action for trade secret misappropriation in which “[a]n owner of a...more

5/12/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Ex Parte Misappropriation Private Right of Action Whistleblower Protection Policies

Explaining the Provisions of the Defend Trade Secrets Act

The Defend Trade Secrets Act (DTSA) is now one signature away from becoming law. On April 4, 2016, the Senate unanimously passed the DTSA and, last week, on April 27, the House of Representatives followed suit, passing the...more

5/5/2016 - Asset Seizure Defend Trade Secrets Act (DTSA) Ex Parte Misappropriation Pending Legislation Preemption Private Right of Action Remedies Trade Secrets Whistleblower Protection Policies

Surprise! You Get to Arbitrate! Massachusetts Courts Continue to Permit Third Parties to Enforce Arbitration Agreements

Two Massachusetts decisions—including one from the state’s highest court—applied the same standard regarding enforcement of an agreement to arbitrate. In each case, plaintiffs signed arbitration agreements with another...more

5/18/2015 - Arbitration Arbitration Agreements Employment Contract Ernst & Young

No More Playing Cute With Non-Solicitation Obligations: First Circuit Court of Appeals Rejects "Customer Called Me First" Argument

Non-solicitation agreements now may have more teeth in Massachusetts. This week, in Corporate Technologies, Inc. v. Harnett, the First Circuit Court of Appeals allowed to stand an earlier injunction prohibiting Brian Harnett,...more

9/30/2013 - Compliance Enforcement Non-Solicitation Agreements

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