Trade Secrets

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure. Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.

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News & Analysis as of May 25, 2013

Memorial Day Weekend Edition: Century-Old Third Circuit Opinion On Warship Documents Shows Courts’ Historic Hostility Toward Trade...

by Daniel Corbett | Orrick - Trade Secrets Group on 5/24/2013

This Memorial Day weekend, we would like to stop and honor the sacrifice that American servicemen and women have made, and take a brief look at an early case involving the military and trade secrets....more

Password Sharing and the Computer Fraud and Abuse Act, Revisited

by Kenneth Vanko | Clingen Callow & McLean, LLC on 5/24/2013

I was reading Eric Ostroff's fine post discussing customer lists as trade secrets, in the context of a recent case involving Farmers Insurance Exchange and several of its former agents, Farmers Ins. Exch. v. Steele Ins....more

Terror Tactics: Report Urges Government To Use Financial, Immigration, Trade And Immigration Systems To Squeeze Theft Of IP

by Sophie Yu | Orrick - Trade Secrets Group on 5/23/2013

A new report on halting the theft of trade secrets and other intellectual property reads like a blueprint for fighting terrorism—not surprising, given that it was co-authored by the nation’s former spy chief and a member of...more

Texas Enacts Uniform Trade Secrets Act

by Erin Leu, Ronald Manthey, Paulo McKeeby | Morgan Lewis on 5/22/2013

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...more

Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law [Video]

by Polsinelli on 5/21/2013

Social media at work: What's allowed and what isn't? Facebook and LinkedIn are eradicating the carefully crafted compartments that generations have relied upon in leading their lives. Denver attorney Sean Gallagher shares how...more

I Thought We Broke Up Years Ago! Why You Should “Throw Out” Trade Secrets As Soon As A Business Relationship Ends

by Valerie Goo | Orrick - Trade Secrets Group on 5/21/2013

The Fifth Circuit’s affirmance last week of a $44.4 million trade secrets award in the Wellogix v. Accenture case is a weighty reminder of the power of circumstantial evidence in trade secrets cases, and the importance of...more

Governor Signs New Trade Secrets Law

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

On May 2, 2013, Governor Perry signed the Texas Uniform Trade Secrets Act into law. So, let’s cut right to it. ...more

Texas Insiders Say Businesses Champing At The Bit For New Trade Secrets Law To Take Effect

by Daniel Corbett, Scott Lindlaw | Orrick - Trade Secrets Group on 5/17/2013

For decades, Texas was the wild west of trade secrets law, governed by the state’s outdated common law with no trade secrets statute on the books. ...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Obama Administration...

by Joshua Rich | McDonnell Boehnen Hulbert & Berghoff LLP on 5/16/2013

Since President Obama entered the White House in 2009, his administration has undertaken a number of steps toward stricter policing of international trade secret misappropriation. Those efforts reached a turning point early...more

Time For The White House To Step In? Patchwork State Fracking Regulations Will Spawn FOIA And Trade Secrets Lawsuits

by Sally Lee, Siddhartha Venkatasen | Orrick - Trade Secrets Group on 5/15/2013

With a growing number of states demanding disclosure of its fracking recipes, the oil and gas industry is fighting to plug what it views as government-mandated leaks in its trade secrets pipeline....more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

by Joshua Bosman, Nicole Grimm, Gregory Huffman, Emily Miao, Joshua Rich, Cole Richter, Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/13/2013

In This Issue: Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more

Mother’s Day Post: Mother And Son Accused Of Trade Secret Theft

by Michael Spillner | Orrick - Trade Secrets Group on 5/13/2013

In honor of Mother’s Day, we note a case in which mother and son were both accused of misappropriating trade secrets....more

Intellectual Property and Your Startup (Presentation)

by Scott Cromar, Russell Jeide | Knobbe Martens Olson & Bear LLP on 5/13/2013

Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. This presentation is from the first class giving a basic overview of...more

Steps To Consider Before Hiring An Employee from A Competitor To Minimize The Likelihood Of Litigation

by Thomas Dye | Carlton Fields on 5/10/2013

Hiring an employee away from a competitor can be a potential legal minefield. It can lead to significant exposure to lawsuits for causes of action including misappropriation of trade secrets, claims of tortious interference...more

Trade Secret “Watch List”: Bill Would Establish Monitoring List Of Countries Engaging In Cybertheft, And Make U.S. Intelligence...

by Robert Isackson | Orrick - Trade Secrets Group on 5/10/2013

Here’s another sign of the rising urgency of trade secret theft as a national security issue: the Chairman of the Senate Armed Services Committee wants the head of the nation’s intelligence bureaucracy to track countries that...more

Protecting Non-Functional Product Design Features Through The Entire Life Cycle: From Conception to Grave

by Jeffrey R. Stone | Winthrop & Weinstine, P.A. on 5/9/2013

IP protection for product designs is typically found in a combination of one or more of the following protective mechanisms...more

Corporate & Securities Law Alert May 2013 - Entrepreneurs: Go Forth And Act, But Act Wisely

by Vivian Breier | Ruskin Moscou Faltischek on 5/9/2013

What distinguishes those with great ideas from entrepreneurs is elementary. Entrepreneurs act on their idea. Tantamount to acting, is planning and good advice. Anyone who wants to pursue a concept should first do some...more

Supreme Court of Georgia Rejects Independent Claim for "Inevitable Disclosure"

by Kenneth Vanko | Clingen Callow & McLean, LLC on 5/8/2013

The "inevitable disclosure" doctrine is one of the most discussed, controversial topics in unfair competition law. The commentary among academics and bloggers reminds me of the ongoing debate over the proper scope of the...more

America Invents Act Makes Significant Changes to U.S. Patent Law

by John Stephens | Sedgwick LLP on 5/7/2013

March 16, 2013, marked the beginning of “first-inventor-to-file,” the backbone of the new U.S. patent system under the Leahy-Smith America Invents Act (AIA). The AIA is the most comprehensive review of American patent law...more

New Trade Secret Legislation in France? Mais oui bien sûr!

by Joy Araman, Frederic Lalance, Marine Lallemond | Orrick - Trade Secrets Group on 5/3/2013

If your trade secrets get stolen in France, what protections would you have? Most U.S. trade secret lawyers don’t have occasion to consider trade secret laws outside the United States, but there’s a whole world beyond the...more

BREAKING NEWS: Don’t Mess with Texas Trade Secrets: Lone Star State Becomes 48th State to Adopt Uniform Trade Secrets Act

by Scott Lindlaw, Michael Spillner | Orrick - Trade Secrets Group on 5/3/2013

In the battle to harmonize trade secret law, Texas was the Alamo—the biggest state to hold out against the rising tide of states adopting the Uniform Trade Secrets Act. But the Lone Star State is an outlier no more. Today...more

Federal Jury Finds Executive Recruiter Guilty Stealing Trade Secrets From Former Employer In Order to Start Competing Business

by Gregg Fisch, Danielle Levine | Sheppard Mullin Richter & Hampton LLP on 5/3/2013

On April 24, 2013, a federal jury in the Northern District of California found former Korn/Ferry International corporate executive recruiter, David Nosal, guilty on six counts of conspiracy, stealing trade secrets, and...more

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Trade Secrets

Memorial Day Weekend Edition: Century-Old Third Circuit Opinion On Warship Documents Shows Courts’ Historic Hostility Toward Trade...

Password Sharing and the Computer Fraud and Abuse Act, Revisited

Terror Tactics: Report Urges Government To Use Financial, Immigration, Trade And Immigration Systems To Squeeze Theft Of IP

Texas Enacts Uniform Trade Secrets Act

Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law [Video]

I Thought We Broke Up Years Ago! Why You Should “Throw Out” Trade Secrets As Soon As A Business Relationship Ends

Governor Signs New Trade Secrets Law

Texas Insiders Say Businesses Champing At The Bit For New Trade Secrets Law To Take Effect

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Obama Administration...

Time For The White House To Step In? Patchwork State Fracking Regulations Will Spawn FOIA And Trade Secrets Lawsuits

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

Mother’s Day Post: Mother And Son Accused Of Trade Secret Theft

Intellectual Property and Your Startup (Presentation)

Steps To Consider Before Hiring An Employee from A Competitor To Minimize The Likelihood Of Litigation

Trade Secret “Watch List”: Bill Would Establish Monitoring List Of Countries Engaging In Cybertheft, And Make U.S. Intelligence...

Protecting Non-Functional Product Design Features Through The Entire Life Cycle: From Conception to Grave

Corporate & Securities Law Alert May 2013 - Entrepreneurs: Go Forth And Act, But Act Wisely

Supreme Court of Georgia Rejects Independent Claim for "Inevitable Disclosure"

America Invents Act Makes Significant Changes to U.S. Patent Law

New Trade Secret Legislation in France? Mais oui bien sûr!

BREAKING NEWS: Don’t Mess with Texas Trade Secrets: Lone Star State Becomes 48th State to Adopt Uniform Trade Secrets Act

Federal Jury Finds Executive Recruiter Guilty Stealing Trade Secrets From Former Employer In Order to Start Competing Business

Fracking and Trade Secrets: An Introduction

The Real Lesson of Chinese Cyberhacking

Mitigating Theft of Trade Secrets

Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law [Video]

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