Business Litigation Report -- July 2014

In This Issue:

- Main Article:

..The Uniform Trade Secrets Act: Differences from the Common Law and from State to State

- Noted With Interest:

..Enforceability of Settlement Terms in California Courts

- Practice Area Notes:

..Securities and Structured Finance Litigation Update

..Bankruptcy and Restructuring Update

..Copyright Litigation Update

- Victories:

..Patent and Antitrust Victory Against 3M

..Quinn Emanuel Obtains Victory in Bet-the-Company Patent Litigation

..Preliminary Injunction Victory for BlackBerry

- Excerpt from The Uniform Trade Secrets Act: Differences from the Common Law and from State to State:

Recently, Texas adopted the Uniform Trade Secrets Act (“UTSA” or “the Act”), with some minor modifications, S.B. 953, 83rd Leg., Reg. Sess., § 4 (Tex. 2013), becoming the 47th State (plus Washington, D.C. and Puerto Rico) to do so. Massachusetts, North Carolina, and New York are the remaining holdouts, and a bill to adopt the Act is pending in the Massachusetts House of Representatives. The UTSA, which was promulgated in 1979, was significantly amended in 1985 and has been steadily adopted by the States since then. This article examines some of the Act’s significant deviations from the common law, particularly the common law of New York, which is based in significant measure on the Restatement (Third) of Unfair Competition. Additionally, since States can (and often do) make changes to the Act when they enact it, this article discusses differences among certain major jurisdictions that have adopted some form of the UTSA, including California, Illinois, and Texas, as well as variations in interpretation of the UTSA among the courts of those States.

Please see full issue below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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