Orrick - Trade Secrets Group

The New and Improved Defend Trade Secrets Act of 2015! Now Featuring a Lockbox

On July 31, 2015, TSW continued our reporting of the continuing saga of Congress’ attempts to establish a federal right of civil action for trade secrets misappropriation by covering the introduction of the “Defend Trade Secrets…more
| Intellectual Property

A Preview of the CFAA Arguments in United States v. Nosal, Part II: Could “Phishing” be a Factor?

Oral arguments for the next round in United States v. Nosal have been set for October 20, 2015 at the Ninth Circuit in San Francisco. So we figured it may be a good time to review both sides’ arguments related to the Computer…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

The Fine Line Between Spying and Strategy: Competitive Intelligence’s Legal Limits and Practical Considerations

Although the market trends may change faster than ever today, companies have been gathering competitive intelligence (“CI”) since the dawn of capitalism. It’s not a new concept, but there are new ways to do it—some more…more
| Intellectual Property

A Voice from China: Unraveling the Different Standards for Civil and Criminal Misappropriation of Trade Secrets

In China, victims of trade secret misappropriation suffering losses over RMB 500,000 are entitled to file a civil action and may also report the case to public security authorities to initiate a criminal investigation. When…more
| Intellectual Property, Science, Computers, & Technology

Secret Recipes: Fracking Fluid Fracas

Several of our previous posts have covered the trade secrets implications of laws that require disclosure of hydraulic fracturing fluid ingredients. As today’s method of hydraulic fracturing combined with horizontal drilling in…more
| Energy & Utilities, Zoning, Planning & Land Use, Immigration Law, Intellectual Property

Once More, With Feeling! Congress Swings for the Fences with the Defend Trade Secrets Act of 2015

On July 28, broad bipartisan support ushered the “Defend Trade Secrets Act of 2015” onto the floor of both the House and Senate. This DTSA treads the well-worn path of many similar (and, to date, hapless) bills that fruitlessly…more
| Elections & Politics, Intellectual Property

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 secrets…more
| Commercial Law & Contracts, Health, Intellectual Property

Fifth Circuit Revisits Copyright Preemption of Trade Secret Law

The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank. The decision not only resolved the…more
| Civil Procedure, Constitutional Law, Business Torts, Intellectual Property

500,000 Lines of Source Code: The New “Intangible Property”

Sergey Aleynikov’s six-year trade secret odyssey through all possible configurations of litigation, civil and criminal, federal and state, may at long last have come to an end after the New York Supreme Court recently overturned…more
| Criminal Law, Intellectual Property, Science, Computers, & Technology

Hacking Your Rivals – Corporate Espionage in Major League Baseball

As we approach the dog days of summer, baseball season is again in full bloom. We previously discussed old-fashioned sign stealing in the context of teams trying to gain a competitive advantage during an actual game. But it…more
| Art, Entertainment, & Sports Law, Labor & Employment Law, Privacy, Intellectual Property, Science, Computers, & Technology

Flash Boy’s Conviction Thrown Out—Again

In a stunning victory for the former Goldman Sachs programmer, New York State Justice Daniel Conviser threw out Sergey Aleynikov’s jury conviction on state law charges that he stole intellectual property from Goldman. Trade…more
| Criminal Law, Intellectual Property, Science, Computers, & Technology

Texas Federal Court: Copyright Law Doesn’t Preempt Trade Secrets Claim Where “Extra” Elements Exist

We’ve blogged on trade secret preemption before, but we’ve usually focused on trade secrets claims preempting other types of claims, and not the other way around. But, as the cowboy in the cult-classic film The Big Lebowski…more
| Conflict of Laws, Intellectual Property

One Step Closer: European Parliament Legal Affairs Committee Approves Trade Secret Directive

As Trade Secrets Watch has previously reported, new rules regarding the protection of trade secrets are on the horizon for the European Union. In November 2013, the European Commission announced a proposed Directive on trade…more
| Commercial Law & Contracts, Business Torts, Intellectual Property, International Law & Trade

For Here or To Go? Senators Introduce Bill to Ban Noncompete Agreements, Increase Mobility For Sandwich Makers and Other Low-Wage Workers

Congress is getting into the non-compete business.  Citing the use of non-compete agreements by companies such as Jimmy John’s sandwich shops, Senate Democrats recently introduced a bill—called the Mobility and Opportunity for…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Intellectual Property

Securing your Network: Claiming Contacts as Trade Secrets

The paradigmatic trade secret is something that is obviously technical, such as source code or the formula for Coke. Though trade secrets protection is not limited to technical trade secrets, it can sometimes be tricky to claim…more
| Intellectual Property
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Contact

1000 Marsh Road
Menlo Park, CA 94025-1015, United States

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