Rob Shwarts

Rob Shwarts

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Trade Secrets Protected From Disclosure Under FOIA…Except For When They Aren’t

We have previously reported about protecting trade secrets from disclosure after a FOIA request. There is something to be said for immediate action and intervening to protect your trade secrets, but sometimes that just isn’t...more

9/14/2015 - Exxon Mobil FOIA Mineral Leases Oil & Gas Outer Continental Shelf Popular Protective Orders Trade Secrets Uniform Trade Secrets Acts Young Lawyers

The New Space Race: Protecting Trade Secrets on the Final Frontier

Space: The final frontier. For millennia, people have wanted to explore the great unknown of outer space, and series like Star Trek and Star Wars continue to our fuel our fantasies about what lies beyond our stratosphere. ...more

6/8/2015 - Confidential Information Cybersecurity NASA Patents Popular Trade Secrets

DONATE, DON’T TELL? The Red Cross says it has trade secrets, upsetting activists

Can a non-profit charity have trade secrets? The Red Cross thinks so. Its claim to trade secret protection over information related to Hurricane Sandy relief efforts made headlines and left some journalists and activists...more

7/18/2014 - American Red Cross Hurricane Sandy Non-Profits Trade Secrets

UPDATE: Money, Money, Money: Top 10 Trade Secret Verdicts (With Our Runner-Up Overturned)

Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too. Really big. As in multi-, multi-million dollar verdicts. And the trend is up with more than half of the top ten verdicts coming out in...more

4/7/2014 - BP DuPont Hartford Life and Accident Insurance Company Intellectual Property Litigation Jury Verdicts Litigation Strategies Mattel Toshiba Trade Secrets U.S. Bancorp

UNMASKING BLOGGERS: Hedge Fund’s Bid To Unveil Blogger’s Identity Highlights First Amendment, Trade Secrets Clash

America’s reverence for anonymous speech is as old as the republic itself, tracing its roots to Thomas Payne’s pamphlet “Common Sense” and the Federalist Papers. But the right to speak namelessly has limits, and hedge fund...more

3/28/2014 - Anonymity First Amendment Free Speech Hedge Funds Trade Secrets

Post This! Private Employers Not Required to Display Pro-Union NLRB Posters

The National Labor Relations Board (“NLRB”) recently announced that it would not seek Supreme Court Review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most...more

1/15/2014 - Employee Rights NLRA NLRB Notice Requirements Posting Requirements Unions

Christmas Edition: Trade Secrets Litigation Delayed To Save Christmas?

On Christmas, Santa and his elves have their work cut out for them and sometimes even they can use help to get their jobs done. During the holiday season, a variety of businesses assist Santa & Co. to import and distribute...more

12/24/2013 - Confidential Information Trade Secrets

Governor Brown Expands Paid Family Leave Eligibility, Boosts Minimum Wage, and Grants Overtime to Nannies

Currently, through California’s Paid Family Leave (“PFL”) insurance program, workers may collect up to six weeks of partial wage replacement benefits while taking leave under the Federal Family Medical Leave Act (“FMLA”) or...more

10/2/2013 - California Family Rights Act (CFRA) Domestic Workers FMLA Home Health Care Minimum Wage Paid Leave Wages

UPDATE: Money, Money, Money: Top 10 Trade Secret Verdicts (Plus One Jumbo Arbitration Award)

Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too....more

7/24/2013 - Jury Verdicts Patent Litigation Trade Secrets

Money, Money, Money: Top 10 Trade Secret Verdicts

Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too....more

7/10/2013 - EU Intellectual Property Litigation Jury Verdicts Patent Litigation Trade Secrets Unified Patent Court USPTO

The High Cost of Hiring Unpaid Interns

Given the difficulty of finding a job in today’s economy, unpaid internships are becoming increasingly popular, particularly for students looking to gain resume-boosting experience....more

6/26/2013 - Class Action FLSA Fox Searchlight Pictures Minimum Wage Unpaid Interns Wages

Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest Decision to Reevaluate Certification after Wal-Mart

The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. ...more

3/21/2013 - Class Action Dukes v Wal-Mart FLSA Over-Time Rest and Meal Break SCOTUS Wage and Hour Wang v Chinese Daily News

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