Orrick - Trade Secrets Group

Virtual Learning: The Scope of Preemption Under the California Uniform Trade Secrets Act

Companies seeking protection under the California Uniform Trade Secrets Act (“CUTSA”) should consider the effects of CUTSA preemption on their litigation strategy. Under the well-known Silvaco Data System v. Intel Corporation…more
| Civil Remedies, Communications & Media Law, Conflict of Laws, Intellectual Property, Science, Computers, & Technology

The ITC Flexes Its Trade Secrets Muscles Again

The Federal Circuit has once again affirmed the ITC’s broad jurisdiction to investigate and, if necessary, remedy extraterritorial misappropriation of trade secrets. Based on this and other recent decisions, it looks like the…more
| Administrative Law, Civil Procedure, Intellectual Property, International Law & Trade

Money Is Time: A Note on Valuation and Sentencing in Criminal Trade Secrets Cases

Criminal trade secrets prosecutions tend to make national headlines, and for good reason. With fact patterns that often involve international intrigue, high technology, and millions of dollars in play, these cases can read like…more
| Criminal Law, Intellectual Property

New Year, New Progress: The Defend Trade Secrets Act Reports Out From the Senate Judiciary Committee

As previously reported on TSW, the road to federal right of action for trade secrets misappropriation has been a long one. In the absence of a federal trade secrets law, the Economic Espionage Act (“EEA”) and various state…more
| Civil Procedure, Civil Remedies, Conflict of Laws, Elections & Politics, Intellectual Property

Aviation Contractor Glides Away From Liability After Receiving Unsolicited Email Containing Trade Secrets

If a third party sends you someone’s trade secrets, and you delete them as soon as you know they’re trade secrets, you’re off the hook for misappropriation. That, in a nutshell, is what a Florida federal judge held on…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology, Transportation, Government Contracting

Buried at Trial: Supplier of Earthmoving Equipment Gets Hit with $74M Verdict in Trade Secrets Theft Case

In the wake of an 8-week trial, Caterpillar Inc. has received a $74M verdict against it in the Northern District of Illinois after a jury found it guilty of exploiting a supply contract with Miller UK Ltd. to steal the company’s…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

The Duty of Loyalty Awakens

If you’re a Star Wars fan, loyalty probably means waiting ten years for “The Force Awakens.” (Or even longer if you prefer not to count Episodes I-III). For an employee looking to leave her current employer, however, loyalty can…more
| Business Torts, Civil Remedies, Intellectual Property, Science, Computers, & Technology

EU Reaches “Provisional Agreement” on New Trade Secret Directive

The Council of Ministers announced that the Luxembourg presidency had reached a “provisional agreement” with the European Parliament representatives regarding a new Trade Secret Directive (“Provisional Directive”) on December…more
| Elections & Politics, Intellectual Property, International Law & Trade

LOOKING BACK TO MOVE FORWARD: Need to Balance Trade Secret Protection and Judicial Transparency Remains Ten Years After Federal Court Reprimanded for Issuing Secret Opinion

Ringing in the New Year provides a unique opportunity to reflect on the past and look ahead to the future. This mirrors the day-to-day reality for legal practitioners: the future is shaped by precedent from the past. And in…more
| Intellectual Property

Trade Secrets in the Fast Lane – Formula One and the Importance of Trade Secret Protection

“For a competition to be friendly, it should be scrupulously fair.” The Formula One world was recently jolted by allegations that a former Mercedes-Benz AMG engineer took highly-confidential information in anticipation of…more
| Commercial Law & Contracts, Intellectual Property

In China: Is Your Business Information Qualified for Protection in Trade Secrets Litigation?

Recently, China and the U.S. have reached some meaningful commitments on minimizing trade secrets misappropriation and protecting intellectual property during their Joint Commission on Commerce and Trade.The commitments…more
| Intellectual Property

“Confidential” Information Protectable in the Sixth Circuit

On November 17, 2015, the Sixth Circuit held in an unpublished opinion that “confidential” information that does not otherwise qualify as a trade secret may nevertheless be protected contractually in nondisclosure or non-compete…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

A “Big Deal”: Latest U.S.-China Talks Signal Progress for Protection of Trade Secrets

Expectations didn’t appear high for the latest round of China-U.S. talks about a variety of economic issues including trade secret protection. As previously discussed at TSW, China had not signed onto the Trans-Pacific…more
| Intellectual Property, International Law & Trade

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
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Contact

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
Locations
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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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