As readers of this blog may know, the "inevitable disclosure" doctrine is a theory of trade secrets misappropriation.
A plaintiff need not show either actual or threatened misappropriation if it can prove that it's...more
Several weeks ago, John Marsh, Russell Beck, and I discussed on the Fairly Competing podcast the special problems that arise when companies pursue so-called "whistleblowers" for trade secrets misappropriation....more
For the most part, I am deferring extended discussion of the proposed new trade secrets law to my (friendly) competitors, John Marsh of Hahn Loeser and Robert Milligan/Josh Salinas of Seyfarth Shaw. Their posts are excellent...more
Those of us practicing unfair competition law often find ourselves in a unique spot. When we counsel clients - really, departing employees - we can help shape the facts of a potential lawsuit. Imagine for a second you're a...more
For those of you interested in the academic side of non-compete agreements, the article I have embedded with this post is a must-read....more
The travails of one Sergey Aleynikov are well-known to trade secrets and competition lawyers like myself.
This is the ex-Goldman Sachs programmer who spurred litigation from Chicago to New York, eventually resulting in a...more
I rely entirely on John Marsh of Hahn Loeser to provide details on one of the year's most important competition cases, American Chemical Society v. Leadscope. For this post, the holding is relevant in that it establishes - at...more
Some years back, our Supreme Court amended Rule 23 to allow for the appellate courts to publish non-precedential orders in an expanded class of cases. Rule 23 had long been part of the appellate equation, but the latest...more
Today's Chicago Tribune Business section contains a lead article on the sentencing of Hanjuan Jin (right), the former software engineer who was caught boarding a plane to China with highly confidential documents...more