Orrick - Trade Secrets Group

At Risk: Law Firms Bringing Bad Faith Trade Secrets Claims

Companies get anxious when key employees leave to start new ventures. A company may try to shield itself from the risk of losing confidential information by seeking an injunction preventing its former employees and their new…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

Trade Secrets Unwrapped: Packaging Materials Case Demonstrates The Importance Of Keeping Confidential Information Sealed Shut

There are many ways to gain trade secret protection, but also many ways to lose it. As the recent motion to dismiss ruling in Fleetwood Packaging v. Hein from the Northern District of Illinois illustrates, how a company vacuum…more
| Civil Procedure, Intellectual Property

Ninth Circuit Hears Oral Arguments in United States v. Nosal, Part II

On October 20, 2015, a three judge panel of the Ninth Circuit heard oral arguments in Round II of United States v. David Nosal. Both sides generally stuck with arguments from their briefs, with Nosal’s counsel arguing that…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

June 29, 2015 Amendments to Article 183 of the Russian Criminal Code: Increased Liability for Disclosure of Trade Secrets in Russia

While Russia has long protected trade secrets through the Federal Law on Information, Information Technologies and Information Protection and the Trade Secret Law, amendments to the Russian Criminal Code on June 29, 2015 now…more
| Intellectual Property, International Law & Trade

Win At All Costs?: A Glimpse Into Trade Secrets In The Sports And Entertainment Industry

It is one of those magical times during the year when sports fanatics can enjoy three major American sports all at the same time: the MLB playoffs are in full swing; the NFL season has finally kicked off; and the NHL saw the…more
| Art, Entertainment, & Sports Law, Intellectual Property

Final TPP Language on Trade Secret Protection Disclosed

On October 5, 2015, years of protracted negotiations of the Trans-Pacific Partnership Agreement (“TPP”) concluded. The TPP is a proposed trade agreement between 12 Pacific Rim nations that lowers trade barriers such as tariffs,…more
| Commercial Law & Contracts, Privacy, Intellectual Property, International Law & Trade, Science, Computers, & Technology

One Man’s Trash Is Another Man’s Trade Secret? Idaho Supreme Court Rules Against Appellant Waste Disposal Company In Bid to Protect Contract Proposal As Trade Secret

In a case more notable for the fact that it reached Idaho’s Supreme Court than the final decision, the lower court’s dismissal of the plaintiff waste disposal company’s misappropriation of trade secrets claim was affirmed…more
| Civil Procedure, Commercial Law & Contracts, Government Contracting, Intellectual Property

Think Before You Tack CFAA Claims on to Your Trade Secret Misappropriation Case

Before you include a Computer Fraud and Abuse Act (“CFAA”) claim in a trade secret case, consider carefully: was the data acquired through “unauthorized access” or was it just misused by the defendants? If it was properly…more
| Civil Procedure, Energy & Utilities, Intellectual Property

Getting Hammered: California Trial Court Finds for E*Trade in Long-Running Misappropriation Case Where Plaintiff Destroyed the Evidence

In a fifteen-year tale of how not to protect your emerging company’s trade secrets when dealing with the big fish, on September 16, 2015, a California trial court denied a company’s bid for royalties for technology…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology, Securities Law

Defend Trade Secrets Act of 2015 Faces Criticism 2.0

On August 28, 2015, TSW continued its coverage of the 2015 Defend Trade Secrets Act (“2015 DTSA”), introduced in both the House and Senate on July 28, 2015, with its comparison of the 2015 DTSA to last year’s failed 2014 House…more
| Intellectual Property

Trade Secret Sauce: Trade Secrets, Not Copyright, Protect Chefs

While they say that a grand jury could “indict a ham sandwich,” the First Circuit recently reminded chefs that you can’t copyright a chicken sandwich. Specifically, a former employee of a Puerto Rican Church’s Chicken franchisee…more
| Commercial Law & Contracts, Intellectual Property

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
| Administrative Law, Energy & Utilities, Intellectual Property

U.S. Considers Sanctions Against China For Cyber Hacking And Trade Secret Misappropriation

You may have missed it this past weekend, but reports indicate the United States is considering sanctioning Chinese companies and individuals who have benefited from their government’s alleged cyber hacking of U.S. trade…more
| Elections & Politics, Privacy, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Throwback Thursday: Why Trade Secret Theft Isn’t Just a Digital Problem And What Businesses Can Do About It

With stories of cyberattacks and data breaches on a seemingly endless loop, businesses and governments have been doubling down on their efforts to protect digital information and assets.  But, in some industries, the greatest…more
| Privacy, Intellectual Property, Science, Computers, & Technology

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

  • (650) 614-7400
  • (650) 614-7401

Areas of Practice
  • Antitrust & Trade Regulation
  • Criminal Law
  • Finance & Banking
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Science, Computers, & Tech
Other U.S. Locations
  • California
  • D.C.
  • New York
  • Oregon
  • Washington
Other Countries
  • China
  • France
  • Germany
  • Hong Kong
  • Italy
  • Japan
  • Russia
  • Taiwan
  • United Kingdom
Number of Attorneys

25-50 Attorneys

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