Innovations that are eligible for patent protection are often vital to a company’s revenue stream and profitability, but in some cases, opting for trade secret protection is a better strategic choice.
Although some types...more
When companies consider bringing a new employee on board, the applicant’s prior experience is usually a significant factor in the decision-making process. If the prospective employee is coming from a rival company, ensuring...more
Most trade secret cases involve allegations that a former employee is using a company’s confidential information at a new job or their own business. Given that reality, and the workforce disruptions caused by the coronavirus...more
Trade secrets are typically associated with a company’s most profitable products and services, and maintaining control of critical confidential information is often essential to a company’s revenue stream and continued...more
With the US economy officially in a recession as of June and business closures continuing due to rising coronavirus infection rates, more companies may need to conduct layoffs in the coming months. Although discharging...more
8/18/2020
/ Confidential Information ,
Coronavirus/COVID-19 ,
Intellectual Property Protection ,
Involuntary Reduction in Force ,
Layoffs ,
Restrictive Covenants ,
Risk Management ,
Severance Agreements ,
Theft ,
Trade Secrets ,
Voluntary Reduction in Force
Companies across the United States quickly rolled out remote work arrangements in response to the COVID-19 health crisis, and as virus caseloads continue to climb, the trend is likely to continue. As working off-site becomes...more
The sharp upswing in trade secret litigation triggered by the global financial crisis of the late 2000s taught companies some hard lessons about trade secret theft and disputes. Although we’re already immersed in a new...more
An economic downturn usually leads to a rise in trade secret theft and litigation, and conditions are ripe for a major surge in cases from the current slump, given widespread job losses and companies’ embrace of remote...more
The coronavirus pandemic has created profound changes to how many Americans do their work, with an outsized number now working from home. This arrangement, while necessary given social distancing requirements and the...more
4/17/2020
/ Competition ,
Confidential Information ,
Confidentiality Agreements ,
Cybersecurity ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Remote Working ,
Trade Secrets ,
Virtual Meetings
The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more
4/9/2018
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Family and Medical Leave Act (FMLA) ,
Immunity ,
Intellectual Property Protection ,
Non-Disclosure Agreement ,
Title VII ,
Trade Secrets ,
Whistleblower Protection Policies
The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more
A recent decision in the Western District of Kentucky highlights the importance of explaining in a complaint under the Defend Trade Secrets Act why the allegedly misappropriated information qualifies for trade secret...more
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