Orrick - Trade Secrets Group

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

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. This…more
| Privacy, Intellectual Property, Military Law, Science, Computers, & Technology

Fighting Back: Identifying Risks Posed by an Angry Current or Former Employee

Something lost is always in the last place you look (by definition). It can also sometimes be in the first. Although technology has made it possible for outsiders to manipulate and infiltrate your company’s systems and…more
| Criminal Law, Labor & Employment Law, Intellectual Property

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
| Civil Procedure, Commercial Law & Contracts, Insurance, Intellectual Property, Science, Computers, & Technology

Will We See Federal Trade Secret Legislation Passed This Year?

In January of this year, we noted that trade secret protection has lately been on the minds of lawmakers in Washington, and that federal trade secret legislation was very close to being enacted. While nothing is pending at the…more
| Civil Remedies, Elections & Politics, Intellectual Property

Kolon Finally Served With Criminal Summons in Korea, Subsequently Settles for $360 Million

On April 30, 2015, Kolon Industries finally resolved two long-standing disputes regarding its alleged misappropriation of trade secrets related to DuPont Co.’s bullet-proof Kevlar Material.  The settlement resolved a six-year…more
| Civil Procedure, Criminal Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Snowden Strikes Back: Mass Collection of Telephony Metadata Struck Down By the Second Circuit

As post-Snowden America well knows, for some years now the National Security Agency (NSA) has been collecting bulk telephone metadata under the authority of Section 215 of the PATRIOT Act and aggregating it into data banks…more
| Communications & Media Law, Constitutional Law, Intellectual Property, Privacy, Science, Computers, & Technology

Things to Think About Before You Leave to Work for a Competitor

An employee who leaves a company to work for a competitor can run into a hornet’s nest of legal problems.  The latest example of this classic fact pattern involves William Georgelis, a sales manager for building material…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

First Foreign Hacker Is Convicted In The United States Of Hacking Crimes Involving Theft Of Trade Secrets From American Companies

A 22-year-old Canadian hacker has been sentenced to federal prison by a Delaware court for engaging in a conspiracy to break into the computer networks of several large gaming companies, to steal trade secret and other…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Criminal Law, Intellectual Property, Science, Computers, & Technology

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 to…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Back in a Flash: Sergey “Flash Boy” Aleynikov Returns to Court for New Trial

Sergey Aleynikov’s six-year odyssey through the U.S. judicial systems—both federal and state—continues.  Last week, Aleynikov stepped into a New York State courtroom to defend himself at trial against a pair of criminal charges…more
| Civil Rights, Criminal Law, Intellectual Property, Science, Computers, & Technology, Securities Law

How Much Damages Can You Realistically Expect for Trade Secrets Misappropriation in China

The best way to protect trade secrets is to prevent them from being misappropriated in the first place, but when trade secret misappropriation occurs, a trade secret holder will likely want to obtain adequate damages through…more
| Civil Procedure, Civil Remedies, Intellectual Property

Navigating Non-Competes When a Worldwide Presence Is the New Norm

Businesses that compete globally are once again reminded of the need to avoid overreaching when requiring employees to sign non-compete agreements. Earlier this year, the Court of Appeals for the Eighth Circuit affirmed a…more
| Commercial Law & Contracts, Labor & Employment Law, Intellectual Property
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Contact

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

  • (650) 614-7400
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Areas of Practice
  • Antitrust & Trade Regulation
  • Criminal Law
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