News & Analysis as of

Discovery Trade Secrets

Big Brown v. PowerPoint Pilferers in Trade Secret Spat

by Seyfarth Shaw LLP on

Earlier this week, the United Parcel Service, Inc. (“UPS”) filed a lawsuit in the Northern District of Georgia, Atlanta Division, against several unidentified UPS pilots, who are referred to in the complaint as “John Does...more

Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang

by Zapproved LLC on

OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017). Relying on the Federal Rules of Civil Procedure and its inherent authority, a court recently imposed the extraordinary remedy...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel...more

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Data Security Law: Managing The Legal Risks Of Cloud And Collaboration Tools

by Ellis & Winters LLP on

As anyone with a Dropbox or Google Drive account knows, consumer-grade cloud storage and collaboration services are a convenient way to store and share personal photos, music, video and documents. Employees who use these...more

Series: Defend Trade Secrets Act | Stopping Further Leaks: Protecting Trade Secrets While Litigating Misappropriation

by Fish & Richardson on

Trade secrets derive their commercial value from being secret. When trade secrets are misappropriated, litigation may be necessary to stop a competitor from exploiting them in the marketplace. Yet litigating...more

You Want to Review ESI that the Other Side has Deemed Nonresponsive? That’ll Be Extra

Have you ever thought your adversary was withholding relevant ESI from document production? Have you wanted to look at the withheld documents to show that some are indeed relevant? Well, you might be able to – but it’ll cost...more

Plaintiff Can Review Documents Deemed as Non-Responsive, But Has to Bear its Own Costs: eDiscovery Case Week

by CloudNine on

eDiscovery Case Week concluded yesterday. We covered four cases this week and, Wednesday, .... Here’s the final case. Just when you thought it was safe to go back in the courtroom! In Nachurs Alpine Solutions, Corp. v....more

Defendant Not Sanctioned Despite Use of Evidence Wiping Software: eDiscovery Case Week

by CloudNine on

In HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD (N.D. Ga., Jan. 30, 2017), Georgia District Judge William S. Duffey, Jr. denied the plaintiff’s motion for adverse inference sanctions despite evidence that the...more

Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law

by CloudNine on

In Omnigen Research et. al. v. Wang et. al., No. 16-00268 (D. Oregon, May 23, 2017), Oregon District Judge Michael J. McShane granted the plaintiffs’ Motion for Terminating Spoliation Sanctions and agreed to issue an Order of...more

Texas Pre-Suit Discovery – Obligations Under Unusual Procedure Clarified

by Jackson Lewis P.C. on

Although most employers are very familiar with the usual discovery process of litigation, they may not be as familiar with the Texas Rules of Civil Procedure’s Rule 202, which concerns pre-suit depositions. Rule 202 can be...more

Brunswick Rail Wins Emergency Evidence Protection in Trade Secret Case Against Former Employees

by Zapproved LLC on

OOO Brunswick Rail Mgmt. v. Sultanov, No. 5:17-cv-00017-EJD, 2017 U.S. Dist. LEXIS 2343 (N.D. Cal. Jan. 6, 2017). The court partially granted the plaintiff, OOO Brunswick Rail Mgmt., a motion for emergency evidence...more

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

E-Discovery Nightmares: 5 Experts Share Tales of Redactions, Huge Data Sets, and Things That Go Bump in the Night

by Exterro, Inc. on

Now that the days are growing short, and the summer sun gone, leaving us with overcast skies and wind driven mists clinging to the rain-soaked hills, the mood is set for telling stories of ghouls, goblins, and other specters...more

Tennessee Business Court Decides “who goes first” in Discovery in Trade Secrets Case

by Butler Snow LLP on

In a Tennessee Uniform Trade Secrets Act (“TUTSA”) case, the Tennessee Business Court set some discovery guidelines for business competitors in litigation over alleged misappropriation of trade secrets. Cryosurgery, Inc. v....more

[Event] Continuing Legal Education and Chicago Cubs Rooftop Event - August 11th, Chicago, Illinois

by Freeborn & Peters LLP on

Join Freeborn & Peters LLP for an afternoon of Continuing Legal Education classes followed by an evening of baseball hosted by the firm's Litigation Practice Group....more

A Development in Trade-Secret Cases

by Gray Reed & McGraw on

The big trade-secret case, Southwestern Energy v. Berry-Helfand, has been worked over by the Texas Supreme Court. Highlights: - Lack of certainty in damages does not preclude recovery. - A “Flexible and...more

Court Denies Motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails

In one of the first cases applying the 2016 amendments to the federal discovery rules, on March 11, 2016, Judge Pratter of the United States District Court for the Eastern District of Pennsylvania issued a Memorandum Opinion...more

Simple Beats Precise: No Need for Carve-Outs Before Using Previously Produced Discovery

by Orrick - IP Landscape on

Discovery Order, Richtek Technology Corp. v.. uPI Semiconductor Corp., et al., Case No. 09-cv-05659-WHA (Magistrate Judge Laurel Beeler) - Here is a riddle for you: when can an interest in reducing cost and burden...more

Leave No E-mail Unturned in Trade Secret and Non-Compete Cases

by Seyfarth Shaw LLP on

A recent verdict in the Superior Court of Fulton County, Georgia is an excellent reminder of the importance of conducting thorough discovery in unfair competition cases. Earlier this year, after a four day trial, a Georgia...more

EEOC's New Procedure Provides Position Statements to Charging Parties

by Jackson Walker on

For the past few decades, information provided to the Equal Employment Opportunity Commission ("EEOC" or "Commission") has been protected from disclosure during the pendency of an investigation and to some degree after the...more

If the Defend Trade Secrets Act Becomes Law, How Will it Affect Trade Secrets in Arizona?

by Snell & Wilmer on

If enacted, the federal Defend Trade Secrets Act (“DTSA”) could change how some trade secret misappropriation claims are litigated in Arizona. Trade secret plaintiffs generally must bring claims for misappropriation in state...more

Jawbone v. Fitbit: a Discovery Fight over the Extent of Trade Secret Misappropriation

by Fisher Phillips on

Jawbone and Fitbit are competitors in the business of selling fitness trackers. As competitors will sometimes do, Fitbit hired a number of employees from Jawbone in 2015. And as competitors sometimes do, Jawbone brought a...more

Is The “Good Cause” Standard Inadequate to Protect Your Company’s Trade Secrets in Discovery Disputes?

by King & Spalding on

As owners of trade secrets know, once a trade secret is disclosed, especially to a competitor, the value of this property right is destroyed and the competitive advantage it affords the owner is lost. Lawyers who sue energy...more

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

by Seyfarth Shaw LLP on

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

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