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Confidential Information › Software Developers

Holland & Knight LLP

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

Holland & Knight LLP on

A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more

Kidon IP

Legal Protection for the Software Arts — Part 1

Kidon IP on

Software has an outsized role in the economy contributing over a trillion dollars to the value of the US gross domestic product. Proprietary software represents a significant portion of that value and can be among a...more

Mintz - Intellectual Property Viewpoints

Danger on the Horizon: Detecting Early Signs of Trade Secret Theft by Competitors

Mintz - Intellectual Property Viewpoints on

Trade secrets are typically associated with a company’s most profitable products and services, and maintaining control of critical confidential information is often essential to a company’s revenue stream and continued...more

Skadden, Arps, Slate, Meagher & Flom LLP

2019-20 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

Carlton Fields

Southern District Concludes That Invocation of AAA’s Rules Subjects Arbitrability Questions to Arbitrator, Rejects Waiver Claim

Carlton Fields on

The Southern District of New York declined to decide arbitrability questions after the arbitration agreement at issue incorporated the rules of the American Arbitration Association, which include a rule that arbitrators...more

McDermott Will & Emery

Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation

McDermott Will & Emery on

Addressing a bench trial decision concerning a former employee’s retention of confidential information and violation of a non-compete provision, the US Court of Appeals for the Fourth Circuit found no abandonment of the...more

Fisher Phillips

Why Your Company Should Be Using Email Enterprise Vaults, Anti-Deletion Programming and Key Stroke Surveillance Software in the...

Fisher Phillips on

Twenty-five years ago most companies’ greatest fear of espionage was employee theft at the photocopy machine at 2 in the morning. The company playbook could not be forwarded in an email or put on a thumb drive in a matter of...more

Orrick - Trade Secrets Group

The Duty of Loyalty Awakens

Orrick - Trade Secrets Group on

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...more

McCarter & English, LLP

Things You Can’t Un-See … Such As Trade Secrets

McCarter & English, LLP on

A federal appeals court has ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. This ruling reinforces the...more

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