Orrick - Trade Secrets Group

Government Involvement in Noncompetes… Against a Sandwich Maker?! Jimmy John’s Slapped With Another Lawsuit, This Time Brought by the Illinois Attorney General

Jimmy John’s can’t seem to escape the limelight. Last year, the company made headlines when employees hit it with a putative class action lawsuit seeking to invalidate their non-compete agreements. The District Court determined…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Franchise Law

These are Not the Trade Secrets You’re Looking For: Star Wars Model Maker Sues Ex-Employees for Misappropriation

In a tale of alleged betrayal and misappropriation of trade secrets in a courtroom (not) far, far away, a pioneering company in the area of special effects has sued its former employees and a vendor, claiming that they conspired…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Brexit’s Potential Impact for Trade Secrets in the UK

To the surprise of many and the dismay of more than sixteen million United Kingdom voters, the previously unthinkable has occurred, the UK has voted to leave the European Union. In a tightly contested referendum, voters have…more
| Civil Rights, Elections & Politics, Labor & Employment Law, Intellectual Property, International Law & Trade

Founding Fathers (or cases) of Trade Secret Law: A Look Back in Celebration of Independence Day

Over the last few weeks, TSW has reported extensively on the first few cases brought under the new Defend Trade Secrets Act. But, given our recent celebration of our nation’s birthday and the day Will Smith saved the planet from…more
| Intellectual Property

Early Returns (Part 3 of 3): California Federal Court First to Rule Under New Defend Trade Secrets Act of 2016

Here at TSW, we continue to watch closely the case law developing under the new Defend Trade Secrets Act of 2016 (DTSA), which attempts to harmonize divergent state laws by creating a single federal framework for trade secrets…more
| Civil Procedure, Intellectual Property, Labor & Employment Law

Early Returns (Part 2 of 2): The DTSA Lifts Off

(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for a…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Early Returns (Part 1 of 2): 3D Printing Company Sues under New Defend Trade Secrets Act

(Editorial Note: This is our first of a two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) In late May 2016, Magic Leap, Inc. became a pioneer in trade secrets litigation when…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Litigate Trade Secret Misappropriation Disputes in Chinese Courts

How can trade secret misappropriation disputes be litigated in Chinese courts, despite the system’s lack of US-style discovery tools? Many companies, especially foreign companies, might be hesitant to even think about bringing…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Practical Tips: Keeping Trade Secrets Safe During Litigation – Texas Supreme Court Edition

Recently, the Texas Supreme Court provided its first opinion interpreting the Texas Uniform Trade Secrets Act in a case involving an issue that often causes discomfort to lawyers on both sides of the “v” in trade secret…more
| Civil Procedure, Energy & Utilities, Intellectual Property

Can You Keep A Secret? The European Union’s New Directive on Trade Secrets and its Impacts on Whistleblowers

It is no secret that the European Union’s (“EU”) Directive on Trade Secrets was a long time in the making. The Directive was first proposed in November 2013. After roughly two years of debate and revision, the revised Directive…more
| Civil Rights, Intellectual Property, International Law & Trade, Labor & Employment Law

Amendment to Federal Criminal Procedural Rule Could Impact Trade Secret Cases

Much attention, including here at Trade Secrets Watch, has been focused in recent weeks on the Defend Trade Secret Act (“DTSA”), which overwhelmingly passed both houses of Congress in April and was signed into law by President…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

BREAKING: President Obama Signs Defend Trade Secrets Act Into Law

Yesterday, as anticipated, President Barack Obama signed the Defend Trade Secrets Act into law, wrapping up a lengthy bipartisan effort to bring trade secrets under federal system law. Some observed that the fact that President…more
| Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property, Labor & Employment Law

Blast From The Past: A Look Back At Lessons Learned

This week, TSW revisits some cases that taught us valuable lessons in the complex and ever-changing trade secrets arena. As our readers know, trade secrets law keeps evolving due to new case law and the near certainty of a new…more
| Civil Procedure, Intellectual Property

Trade Secrets and Cloud Services: Is the Sky the Limit?

Germany is not only known as one of the best countries for enjoying beer and bratwurst, but it is also known as a country with some of the strictest data privacy laws on the planet. Within this environment, should companies…more
| Privacy, Intellectual Property, Science, Computers, & Technology

In Biggest Expansion of IP Law in 70 Years, Congress Passes Defend Trade Secrets Act

Yesterday Congress passed federal trade secrets legislation (the “Defend Trade Secrets Act” or “DTSA”) by an overwhelming 410-2 vote. The Wall Street Journal notes that the DTSA has been called the “most significant…more
| Elections & Politics, 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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