Mark Mermelstein

Mark Mermelstein

Orrick, Herrington & Sutcliffe LLP

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Practical Tips: Keeping Trade Secrets Safe During Litigation – Texas Supreme Court Edition

Recently, the Texas Supreme Court provided its first opinion interpreting the Texas Uniform Trade Secrets Act in a case involving an issue that often causes discomfort to lawyers on both sides of the “v” in trade secret...more

6/6/2016 - Breach of Contract Energy Sector Misappropriation Non-Compete Agreements Oil & Gas Trade Secrets TX Supreme Court Uniform Trade Secrets Acts Writ of Mandamus

Treasury Cites Cyber Challenges for Online Marketplace Lending Industry

On May 10, 2016, the United States Department of Treasury (Treasury) became the latest federal agency to highlight the importance of cybersecurity in the financial services industry. In its white paper, which follows last...more

5/19/2016 - Banking Sector Consumer Lenders Cybersecurity Financial Services Industry Incident Response Plans Online Marketplace Lending Peer-to-Peer White Paper

O’ Really, Canada? Data Breach Log Rules Underway

In June 2015, Canada made significant amendments to its data privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).  These amendments to PIPEDA will require businesses to inform the Canadian...more

4/19/2016 - Canada Comment Period Cybersecurity Data Breach Personally Identifiable Information PIPEDA Recordkeeping Requirements

Trade Secrets Unwrapped: Packaging Materials Case Demonstrates The Importance Of Keeping Confidential Information Sealed Shut

There are many ways to gain trade secret protection, but also many ways to lose it. As the recent motion to dismiss ruling in Fleetwood Packaging v. Hein from the Northern District of Illinois illustrates, how a company...more

11/12/2015 - Confidential Information Confidentiality Agreements Misappropriation Trade Secrets

The SEC Opens Up a New Front in the Cybersecurity Wars

For the last few years, the SEC has been issuing guidance as to appropriate cybersecurity policies and procedures for financial firms. In a move that signal’s the regulator’s willingness to put muscle into its cybersecurity...more

10/8/2015 - Banking Sector Banks Brokers Cybersecurity Data Breach Data Protection Data Security Enforcement Actions Financial Adviser Financial Institutions Investment Companies OCIE Personally Identifiable Information Popular Risk Alert SEC

Filer Beware! E-Filing Error Can Destroy Trade Secret Status

First rule of thumb in trade secrets litigation? A trade secret must be kept secret. It is painfully obvious, but modern practitioners must not grow complacent due to the convenience of electronic filing. Although trade...more

8/3/2015 - Electronic Filing Healthcare Medicaid Misappropriation Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants Trade Secrets

Going for Brokerages: FINRA and SEC Take Aim at Deficient Cyber Policies and Practices

On Feb. 3, the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) each released reports regarding cybersecurity issues for brokerage and advisory firms, both of which should be...more

6/18/2015 - Broker-Dealer Brokers C-Suite Executives Cybersecurity Enforcement FINRA Industry Examinations Information Reports Investment Adviser OCIE Popular Risk Assessment SEC

Will Your Cyber Insurance Respond When You Need It Most?

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

5/28/2015 - Class Action Cyber Attacks Cyber Insurance Data Privacy Exclusionary Clauses Policy Exclusions

Will Your Cyber Insurance Respond When You Need It Most?

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

5/26/2015 - Attorney-Client Privilege Corporate Counsel Cyber Attacks Cyber Insurance Cybersecurity Data Breach Data Protection Due Diligence Medical Records Trade Secrets

All Bets Are Off: Kentucky Downs Trade Secrets Case Presents Novel Question Under Kentucky’s Uniform Trade Secrets Act

Earlier this month, AmTote International, Inc. sued the famed Kentucky Downs racetrack, three high-ranking Kentucky Downs employees, and Encore Gaming, LLC in federal court alleging misappropriation of trade secrets related...more

4/24/2015 - Gaming Horse Racing Inevitable Disclosure Doctrine Misappropriation Trade Secrets Uniform Trade Secrets Acts

State Water Resources Control Board Gets New Tools to Fight Fraud on Underground Storage Tank Cleanup Fund

Senate Bill No. 445 ("SB 445"), signed into law by California Governor Brown late last year, makes several significant changes to the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 ("The Fund Act"). The...more

3/24/2015 - Criminal Penalties Fraud Petroleum Underground Storage Tanks Water Resources Control Board

New Opposition to the EU Trade Secrets Directive

Not everyone is happy about the proposed EU Trade Secrets Directive.  When we last touched on this topic a couple of months ago, the European Union looked poised to enact a sweeping new legal regime that would harmonize trade...more

1/16/2015 - EU EU Directive Trade Secrets

Trade Secret Plaintiff Goes Three Rounds, Takes a Beating

Last week, New York attorney Douglas R. Dollinger asked the Honorable Vince Chhabria of the Northern District of California to reconsider an order sanctioning Dollinger and his client to the tune of $93,365.92 in monetary...more

9/29/2014 - Arbitration Civil Monetary Penalty Evidence Sanctions 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

The “I Was Just Trying To Land A New Job” Defense To Criminal Trade Secret Theft Charges

On February 28, 2008, Hanjuan Jin, a Chinese-born former software engineer for Motorola, arrived at Chicago O’Hare Airport en route to Beijing. During a random customs check, officials discovered that she had a one-way...more

11/20/2013 - China Confidential Information Misappropriation Motorola Theft Trade Secrets

Don’t Do the Crime If You Can’t Do The Time: Top 10 Criminal Trade Secret Sentences

Trade secret theft can expose defendants not only to multi-million dollar civil verdicts but also to multi-year prison sentences. Trade Secrets Watch reviewed federal criminal trade secrets sentences since the Economic...more

9/23/2013 - Computer Fraud and Abuse Act (CFAA) Criminal Prosecution Economic Espionage Act Sentencing Theft Trade Secrets

AGs To The Front Lines: State Attorneys General Begin Wielding Unfair Competition Laws Against Foreign IP Thieves

Companies victimized by intellectual property theft may have a new weapon: asking state attorneys general for civil prosecution under unfair competition laws. ...more

7/26/2013 - Attorney Generals Idea Theft Intellectual Property Litigation ITC Patent Prosecution Patents Unfair Competition

Power Move: Referring Trade Secrets Theft To The Government For Criminal Prosecution

You’ve just discovered that an employee who recently left your company took your company’s valuable trade secrets with him to his new employer. What are your options?...more

5/29/2013 - Attorney's Fees CAFA Criminal Prosecution Investigations Restitution Trade Secrets

Internal Investigation Fees Awarded To Goldman Sachs

On Monday, February 25, Goldman Sachs won its bid to force former director Rajat K. Gupta to pay legal fees it incurred while investigating Gupta’s insider trading activities. In October 2012, Gupta was sentenced to two years...more

3/5/2013 - Attorney's Fees Goldman Sachs Internal Investigations Mandatory Victim's Restitution Act Morgan Stanley Rajat Gupta SEC

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