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Ninth Circuit Upholds $5K Sanctions Award Against Attorney Based On Factual Misrepresentations In Trade Secrets Dispute

Earlier this week, the Ninth Circuit approved a district court order from the Northern District of California imposing $5,000 in sanctions against a plaintiff’s attorney for factual misrepresentations made in an underlying...more

3/7/2014 - Attorney Malpractice Attorney Misconduct Misrepresentation Trade Secrets

Green Chemistry And Trade Secrets: California Leads Chemical Disclosure Movement, As Companies Wrestle With Options For Protection

Earlier this year, we picked mandatory public disclosure laws as a trend to watch in 2014. Developments in California seem to bear that out, and trade secrets owners will want to keep a close eye on the “green chemistry”...more

2/14/2014 - Chemicals Department of Toxic Substances Control Disclosure Requirements Green Chemistry

Enforcing Non-Competes Against Telecommuters

The number of people working from home, or “telecommuting,” has increased over time, with Census data showing that 17 percent of American employees do their jobs remotely. When someone is working very far from the office,...more

1/15/2014 - Non-Compete Agreements Restrictive Covenants Telecommuting

Time’s Up: Supreme Court Upholds Enforcement of Claim Limitations in ERISA Plan Language

Christmas may have come a little early for plan administrators and companies looking for clarity in ERISA litigation. Last Monday, the U.S. Supreme Court ruled 9-0 in Heimeshoff v. Hartford Life & Accident Insurance Co. that...more

12/30/2013 - Claims Limitations Period Equitable Tolling ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. Plan Administrators SCOTUS Statute of Limitations

Let The Chips Fall Where They May: Nevada Court Dismisses CFAA Charges Against Casino Players Who Cashed In On Video Poker...

Hollywood has given us many stories of casino capers, from mobsters skimming profits in Scorsese’s Casino to the card-counting savant in Rain Man. But a real-life caper recently played itself out in Nevada federal court,...more

12/9/2013 - Casinos CFAA Gambling

LEGISLATIVE UPDATE: Senator Proposes New Bill To Create Civil Cause Of Action For Foreign Theft Of Trade Secrets

Just before the Thanksgiving holiday last week, Senator Jeff Flake (R-Ariz.) introduced the Future of American Innovation and Research Act, a new trade secrets bill that would allow American trade secrets owners to sue...more

12/6/2013 - Foreign Corporations Misappropriation Theft Trade Secrets UTSA

THANKSGIVING POST: Court Protects Quizno’s Franchise Turkey Trade Secrets

This Thanksgiving, Trade Secrets Watch is serving a delicious tale about protecting trade secrets in a franchising relationship. In 1994, Quizno’s entered into a franchise agreement with Robert Kampendahl, an...more

11/29/2013 - Franc Non-Compete Agreements Quizno's Trade Secrets

HALLOWEEN EDITION: Cookie Maker Gets Early Treat When Court Protects Halloween Cookie Recipe As A Trade Secret

In September 1995, Philadelphia-area cookie manufacturer Sweetzel, Inc. got an early Halloween treat when the U.S. District Court for the Eastern District of Pennsylvania found that the company’s cookie recipes and customer...more

10/31/2013 - Confidentiality Agreements Customer Lists Halloween Restrictive Covenants Trade Secrets

This Day In Trade Secrets: In October 1859, New York Marble Maker Sues Over Disclosure Of Marbleizing Methods

One hundred and fifty-four years ago this month, New York marble marker Egbert Deming sued Ezra Chapman, seeking to prevent him from disclosing a secret method for making artificial marble. Chapman had agreed in writing not...more

10/1/2013 - Confidentiality Injunctions Misappropriation Patents Trade Secrets Uniform Trade Secrets Acts

The Spies Who Loved Me (And My Trade Secrets): A Brief History Of Industrial Espionage

With Chinese cyber attacks, data security, and industrial espionage occupying more and more space in the headlines, companies are re-evaluating their strategies for guarding sensitive information. There is certain to be more...more

9/18/2013 - Data Breach Data Protection Industrial Espionage Legal History Trade Secrets

Making up for Lost Time: Ninth Circuit Says Defendants May Remove to Federal Court After Traditional CAFA Removal Deadlines Have...

Imagine for a second that you’re watching your favorite sports team: They’re losing, time is winding down, and you’re left watching the other team run down the clock....more

8/7/2013 - CAFA Deadlines Filing Deadlines Removal

[Fourth Of July Post] Family Fireworks: Plot To Steal Client Lists Goes Up In Smoke

For many, Fourth of July festivities wouldn’t be complete without a baseball game, a family barbecue, and of course, fireworks....more

7/4/2013 - Fireworks Misappropriation Non-Solicitation Agreements Trade Secrets

White House Issues Another Strategy Plan To Protect U.S. Trade Secrets

Last week, the White House unveiled its “2013 Intellectual Property Enforcement Coordinator Joint Strategic plan,” a roadmap to help the Department of Homeland Security combat intellectual property theft in the next three...more

7/2/2013 - Barack Obama Counterfeiting Cyber Attacks DHS Patent Trolls Trade Secrets

Memorial Day Weekend Edition: Century-Old Third Circuit Opinion On Warship Documents Shows Courts’ Historic Hostility Toward Trade...

This Memorial Day weekend, we would like to stop and honor the sacrifice that American servicemen and women have made, and take a brief look at an early case involving the military and trade secrets....more

5/24/2013 - Trade Secrets Uniform Trade Secrets Acts

Texas Insiders Say Businesses Champing At The Bit For New Trade Secrets Law To Take Effect

For decades, Texas was the wild west of trade secrets law, governed by the state’s outdated common law with no trade secrets statute on the books. ...more

5/17/2013 - New Legislation Trade Secrets Uniform Trade Secrets Acts

That’s the Way the Consensus Crumbles: CISPA Splits Natural Allies in High-Tech

If there’s one thing Americans of all political stripes seem to agree on, it’s the need to thwart cyber-attacks on critical U.S. systems. Just this week, the Pentagon for the first time openly blamed China for hacking U.S....more

5/7/2013 - ACLU CISPA Cybersecurity Security and Privacy Controls

California Court of Appeal Denies Wage-and-Hour Class Claims and Enforces Arbitration Agreement under Concepcion

Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that the Federal Arbitration Act...more

1/30/2013 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act FLSA Macy's NLRB Preemption Wage and Hour

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