News & Analysis as of

Interstate Commerce Trade Secrets

Lathrop GPM

Pennsylvania Federal Court Rules It Has Subject Matter Jurisdiction to Decide Trade Secret Claim but Dismisses as Untimely...

Lathrop GPM on

A federal court in Pennsylvania granted in part and denied in part a former franchisee’s motion to dismiss a franchisor’s allegation that she misappropriated trade secrets and breached the franchise agreement. JTH Tax, LLC v....more

Haug Partners LLP

The Defend Trade Secrets Act: An Overview and Key Developments

Haug Partners LLP on

Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more

Fenwick & West LLP

A Patent Application Does Not Bar a DTSA Claim Update

Fenwick & West LLP on

In Cajun Services Unlimited, LLC v. Benton Energy Service Company, the U.S. District Court for the Eastern District of Louisiana denied a motion for summary judgment and held that material in a patent application can remain...more

Jones Day

Mid-Year Review of Key Trade Secret Decisions

Jones Day on

A trade secret is any information used in one's business that derives independent economic value from not being generally known. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret....more

Orrick - Trade Secrets Group

Making a Federal Case Out of It: What Does the DTSA’s “Interstate Commerce” Limitation Mean?

We’ve blogged a lot about the Defend Trade Secrets Act in the roughly year-and-a-half period since the law was enacted. Our coverage has run the gamut: from the first jury verdict under the DTSA, to the U.S. Patent and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Another Aleynikov Trade Secrets Case Ends with Narrower Statute

In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more

Smith Anderson

The Prospect of a Federal Trade Secret Claim

Smith Anderson on

Trade secrets constitute the only category of intellectual property that is governed primarily by state law. This status may soon change—two bills, House Bill 5233 and Senate Bill 2267 were introduced in Congress last term to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Anticipating a Federal Trade Secret Law

Unlike patents and copyrights, trade secrets have historically been protected primarily under state law rather than federal law. That long history may soon change, as bills to create a federal cause of action for trade secret...more

Foley & Lardner LLP

New Federal Trade Secret Protections on the Horizon?

Foley & Lardner LLP on

Conspicuously absent in the quiver of arrows available to a business looking to take action against someone who has misappropriated or is threatening to misappropriate its trade secrets is a federal cause of action for...more

Burr & Forman

Engineers Convicted For Theft Of Trade Secrets

Burr & Forman on

Two engineers were recently convicted under federal law for stealing trade secrets from Goodyear. (United States v. Howley and Roberts, 2013 WL 399345 (Feb. 4, 2013 6th Cir.).) Charles Roberts and Sean Howley worked as...more

Womble Bond Dickinson

Federal Economic Espionage Act Overview

Womble Bond Dickinson on

Womble Carlyle business litigation attorney Press Millen briefly discusses what companies need to know about the federal Economic Espionage Act, and the Theft of Trade Secrets Clarification Act signed into law January 1,...more

Morgan Lewis

New Federal Statute Strengthens Trade Secret Protection

Morgan Lewis on

Trade secret protection expanded to include products or services "used in or intended for use in interstate or foreign commerce." On December 28, 2012, President Barack Obama signed into law the Theft of Trade Secrets...more

Orrick - Employment Law and Litigation

President Obama Signs into Law the Theft of Trade Secrets Clarification Act

On December 28, 2012, President Obama signed into law the Theft of Trade Secrets Clarification Act. The Act amends the Economic Espionage Act of 1996 (EEA) and expands the jurisdiction of federal courts over cases concerning...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Recent Amendment to the Economic Espionage Act Extends Protection Against Misappropriation"

On December 28, 2012, President Obama enacted the Theft of Trade Secrets Clarification Act of 2012. The Act clarifies the scope of Section 1832 of the Economic Espionage Act and attempts to reverse the Second Circuit’s recent...more

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