In a move heralded by businesses and intellectual property attorneys alike, the European Commission recently indicated that, on Nov. 27, 2013, it will adopt a proposed directive to harmonize national laws making a comparable...more
When you think of gyms, romance, and reality TV, what’s most likely to come to mind is an episode of Jersey Shore — not a lawsuit for trade secret misappropriation. But you won’t hear about JWoww, Snooki, or The Situation in...more
On February 28, 2008, Hanjuan Jin, a Chinese-born former software engineer for Motorola, arrived at Chicago O’Hare Airport en route to Beijing. During a random customs check, officials discovered that she had a one-way...more
On October 16, 2013, the U.S. District Court for the District of New Jersey, in Aleynikov v. The Goldman Sachs Group, Inc., found that a former vice president and computer programmer was an “officer” of Goldman Sachs & Co.,...more
Courts continue to define the scope of the emerging trade secret displacement doctrine, (commonly referred to as preemption) which stems from California's Uniform Trade Secrets Act ("UTSA"). The UTSA contains a relatively...more
In a case whose facts plainly compelled the outcome, California’s Fourth Appellate District held on October 15, 2013 in Angelica Textile Services, Inc. v. Jaye Park, No. D062405 that a claim for trade secret misappropriation...more
In the Second U.S. Circuit, the so-called Wagoner rule deprives a trustee of standing to sue third parties, such as lawyers and investment bankers, if the bankrupt corporation participated with them in defrauding creditors. A...more
In This Presentation:
•Today’s Main Topic:
– How to Avoid Losing Patent Rights
– What is Intellectual Property (Class 1 Redux)?
– Making Use of Trade Secrets (Catch-up from...more
Who would you expect to find sitting at the end of the bar in this recently re-named Minneapolis sports bar, formerly known as Halek’s Bar?
What if you were to queue a very familiar tune to these lyrics, would that...more
Although the following recommendations will not eliminate all risks, each one will have a cumulative effect toward establishing a structure that is most likely to prevent the disclosure or use of trade secrets by new...more
Prior to discussing or exchanging proprietary information with one another, companies frequently enter into non-disclosure agreements (NDAs) to afford protections beyond what they would otherwise be entitled to under their...more
One hundred and fifty-four years ago this month, New York marble marker Egbert Deming sued Ezra Chapman, seeking to prevent him from disclosing a secret method for making artificial marble. Chapman had agreed in writing not...more
The Alberta Court of Appeal recently considered and clarified the nature of the relationship between employers and the employees they entrust with handling funds. As a result of the decision in 581257 Alberta Ltd. v Aujla,...more
Last week the blog discussed a case called Fraley v. Facebook Inc., No. C-11-1726 (N.D. Cal. Aug. 26, 2013) which involved allegations that Facebook's "Sponsored Stories" program misappropriated the names and likenesses of...more
As readers of this blog may know, the "inevitable disclosure" doctrine is a theory of trade secrets misappropriation.
A plaintiff need not show either actual or threatened misappropriation if it can prove that it's...more
Along with Google, no entity is more ubiquitous on the internet these days than Facebook. Expectedly, the social networking giant, which was recently valued at over 100 billion dollars, has found itself involved in a surfeit...more
It is quite common for beneficiaries, shareholders and other parties in interest to have questions or concerns about how a fiduciary is handling their affairs. Sometimes these concerns can bloom into full-fledged litigation...more
Can trade secret owners secretly petition a court to seize property from a competitor that they suspect of stealing trade secrets? In the United States, the answer is: “Not yet.” This is one of the issues that Congress is...more
There is more to learn from Southwestern Energy Production Co. v. Berry-Helfand and Muncey, discussed in a recent post.
Damages – With Room to Run, the Expert Scores.
Courts are entitled to be “flexible and...more
The U.S. District Court for the Southern District of Florida found on June 20, 2013 that defendant Community Health Systems, Inc., and its affiliated hospital, Salem Hospital (collectively, “CHS”) properly terminated a...more
The prospect generator’s worst nightmare is presented in Southwestern Energy Production Co. v. Berry-Helfand and Muncey. I will over-simplify the facts: Hefland and Muncey toil for years generating James Lime prospects in a...more
Concerned about departing employees who might have confidential information about your business and clients? Or maybe you are the ex-employee and you are unsure of where the line is drawn when departing one job to start...more
A whistleblower who took sensitive company data from his employer and turned it over to the IRS has won his retaliation claim at the Department of Labor under the Sarbanes-Oxley Act’s (“SOX”) whistleblower protection...more
When Rep. Zoe Lofgren, the Silicon Valley Democrat, introduced a pair of bills last month on trade secret misappropriation, we puzzled over her purpose. ...more
In This Issue:
- I. U.S. Supreme Court
- A. Trademarks 3
- II. U.S. Courts of Appeal
- A. Patents
- B. Copyrights
- C. Copyrights/Criminal
- D. Trademarks
- E. Trademarks/Unfair Trade...more