News & Analysis as of

Department of Justice (DOJ) Defend Trade Secrets Act (DTSA)

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Non-Compete Agreements Lead to Jail Time?

Can non-compete agreements lead to criminal fines—or even jail time? Yes, they can. That is because violating the Sherman Antitrust Act can result in criminal charges, not just civil liability....more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 2nd Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

Jones Day

2020 End-of-Year Review: Key Global Trade Secret Developments

Jones Day on

A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

ArentFox Schiff

Trade Secrets 2020: Analysis of the Year’s Key Cases & Trends

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As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more

Troutman Pepper

Protecting Trade Secrets: Lessons Learned From the Levandowski Case

Troutman Pepper on

Companies often consider trade secrets to be their crown jewels. But in the digital age, where copying and sending files is as easy as one click, protecting trade secrets has become even more challenging. Losing control over...more

Holland & Knight LLP

Recent Criminal Misappropriation of Trade Secrets to China

Holland & Knight LLP on

Trade secrets can be stolen at any point, and such theft can be prosecuted by the Department of Justice. This is evident in recently unsealed charges brought against a software engineer who stole source code from his United...more

Baker Donelson

The New Landscape for Non-Compete Law in 2019 and Beyond

Baker Donelson on

For years, employers have relied on the use of restrictive covenants to protect their companies from unfair competition by former employees and competitors. Original published in Maryland State Bar Association Section of...more

Miller Canfield

DOJ and FTC Issue Updates to Antitrust Guidelines for the Licensing of Intellectual Property for the First Time Since 1995

Miller Canfield on

For the first time, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have updated the Antitrust Guidelines for the Licensing of Intellectual Property (“IP Licensing Guidelines”). First issued in...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

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Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Perkins Coie

How Will Criminal Trade Secret Prosecutions Fare Under President Trump?

Perkins Coie on

For many companies, protecting intellectual property is a significant concern made more difficult in recent years by the persistent efforts of foreign agents to steal valuable trade secrets. Analysis of public sources...more

Proskauer Rose LLP

2016 Proskauer Annual Review and Outlook for Hedge Funds, Private Equity Funds and Other Private Funds

Proskauer Rose LLP on

This special report provides a summary of some of the significant changes and developments that occurred in the past year in the private equity and hedge funds space, as well as certain recommended practices that investment...more

Mintz - Intellectual Property Viewpoints

FTC and DOJ Issue Proposed Updates to Antitrust Guidelines for Licensing IP

For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century...more

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