Discovery Trade Secrets

News & Analysis as of

Perspectives From the Bench: A Recap of the AIPLA Trade Secret Law Summit’s Judicial Panel

Several members of Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes Practice Group attended the AIPLA’s annual Trade Secret Law Summit on November 12-13, 2015. Rick Lutkus spoke on a panel that was moderated by Erik...more

The Top Ten Things Every Commercial Litigator Must Know About the Fifth Amendment

Invoking the Fifth Amendment privilege is not just for scenes from Law & Order or Better Call Saul. These days commercial cases, especially those involving individual defendants, are commonly filled with claims that have...more

Florida Federal Court Adopts Rule Barring Discovery Prior to Particularized Identification of Alleged Trade Secrets

California is the only state with a statutory requirement that plaintiffs pursuing misappropriation claims identify their alleged trade secrets with reasonable particularity “before commencing discovery.” Cal. Civ. Code...more

It Can Be A Tough Road For Trade Secrets Plaintiffs In The NC Business Court

If you are a regular reader of this blog, you know that litigating a trade secrets case in the Business Court can be tough. Last year, the Court barred a plaintiff from engaging in any discovery at all until it identified...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

Intellectual Property Bulletin - Summer 2015

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more

When E-Filing Goes Wrong: How to Protect Your Trade Secrets in the Event of Inadvertent Online Disclosure

It is frightening to think that valuable corporate trade secrets could be lost with the click of a mouse. But as electronic court filing becomes increasingly prevalent, the risk of inadvertent disclosure of sensitive...more

An Employee Stole Your Trade Secrets but You Cannot Prove It. Now What?

Consider the following, relatively uncommon scenario: an employee stole your trade secrets and went to work for a competitor. You know the employee did it, you just cannot prove it. Even with the best forensic analysis it is...more

What Do Ashley Madison and Security as a Service Have in Common?

The Ashley Madison hack is the latest high profile data breach to hit the front page headlines. The extramarital dating site leaked the personal data of over 40 million users and as a result could be the subject of multiple...more

Modification of Protective Orders to Permit Use of Discovery Material in Foreign Litigation Must Consider 28 U.S.C. § 1782 Factors...

The U.S. Court of Appeals for the Federal Circuit vacated an order modifying a protective order to allow the use of confidential discovery material in foreign litigation, explaining that courts facing such questions must...more

Betwixt and Between: Finding Specificity in Trade Secret Misappropriation Cases

Trade secret misappropriation cases create a unique problem for courts. The parties become quickly embroiled in litigation over the misappropriation of trade secrets, sometimes with only bare-bone allegations of those trade...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

Angie’s List Accuses Amazon of Home Improvement Hijinks

Even freed from bricks and mortar, online retailers and service providers are realizing that market share is not infinite. A complaint recently filed by Angie’s List Inc. against Amazon Local LLC for its newly launched online...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Confidential Documents Potentially Safer From Employee Misappropriation Says New Jersey's Supreme Court

On the heels of an appellate decision providing employees a virtual how-to manual to misuse and exploit confidential employer documents and safely provide them to a competitor, New Jersey's Supreme Court reversed course last...more

Securing your Network: Claiming Contacts as Trade Secrets

The paradigmatic trade secret is something that is obviously technical, such as source code or the formula for Coke. Though trade secrets protection is not limited to technical trade secrets, it can sometimes be tricky to...more

ITC Affirms Joint and Several Liability of Counsel for Payment of Monetary Sanctions Based on Client's Spoliation of Evidence

On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more

Trade Secret Plaintiff Avoids Dismissal, Gets Discovery

One of the most interesting Business Court decisions of last year was Judge Bledsoe's opinion in DSM Dyneema, LLC v. Thagard, 2014 NCBC 50, in which he held that the Plaintiff, which was suing for misappropriation of trade...more

Discovery Orders May Threaten Traditional Notions of Trade Secret Protection

Historically, confidential and proprietary information, such as the formulas for Coca-Cola and Pepsi, is trade secret information that will not be made available to the public during litigation. While Coke and Pepsi are...more

Amended Complaints and Industry Standards

Can a party who is accused of an unfair trade practice raise the same defense? That is, can a business avoid section 75-1.1 liability by proving that the plaintiff business engages in the same allegedly unfair conduct?...more

What’s Mine is Not Yours: Former Officers and Directors and a Corporation’s Attorney–Client Privilege

An officer or director’s company exit often feels like a divorce, with post-departure monetary payments and document-custody issues dominating the immediate aftermath. Companies are quick to enforce non-compete agreements and...more

2015 Hot Topics for Multinational Companies

As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues...more

Tell Me Your Secret Before I Tell You Whether I Have It

In trade secret misappropriation cases, a number of courts have held that plaintiffs must sufficiently identify their trade secrets before discovery concerning those trade secrets can commence. ...more

IP|Trend: Discovering Source Code [Video]

Source code is increasingly becoming prevalent in litigation. Patent cases, copyright, trade secret, and even mass tort cases can turn on the content and function of source code. Attorneys Seth Northrop and David Prange...more

E-discovery Is Hard

Catchy blog titles are usually hard too, but not this one. Discovery of electronically stored information (“ESI”) is just plain difficult. If you are lucky, it does not come up in your case at all. Or, the parties agree that...more

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