Misappropriation

Third Circuit Reverses Summary Judgment In Favor of Video Game Maker In Important Right of Publicity Case

by Stacy Allen | Jackson Walker on 5/23/2013

In a much-anticipated opinion, the Third Circuit Court of Appeals yesterday reversed a New Jersey lower court decision granting summary judgment in favor of video game giant Electronic Arts against putative class...more

Whose Social Media Account Is It, Anyway?

by Odia Kagan | Pepper Hamilton LLP on 5/16/2013

A detailed social media policy specifically addressing the ownership of social media accounts is key to a corporation’s ability to maintain ownership of an employee’s account after the employee leaves the corporation....more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Obama Administration...

by Joshua Rich | McDonnell Boehnen Hulbert & Berghoff LLP on 5/16/2013

Since President Obama entered the White House in 2009, his administration has undertaken a number of steps toward stricter policing of international trade secret misappropriation. Those efforts reached a turning point early...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2

by Joshua Bosman, Nicole Grimm, Gregory Huffman, Emily Miao, Joshua Rich, Cole Richter, Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/13/2013

In This Issue: Comments on New AIA Rules; Implementing the New Micro Entity Status at the U.S. Patent Office; Obama Administration Focuses on Chinese Trade Secret Misappropriation; and Tiffany & Co. v. Costco Wholesale...more

Mother’s Day Post: Mother And Son Accused Of Trade Secret Theft

by Michael Spillner | Orrick - Trade Secrets Group on 5/13/2013

In honor of Mother’s Day, we note a case in which mother and son were both accused of misappropriating trade secrets....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 3, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/3/2013

- Cariou v. Prince, USCA Second Circuit, April 25, 2013 - Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more

New Trade Secret Legislation in France? Mais oui bien sûr!

by Joy Araman, Frederic Lalance, Marine Lallemond | Orrick - Trade Secrets Group on 5/3/2013

If your trade secrets get stolen in France, what protections would you have? Most U.S. trade secret lawyers don’t have occasion to consider trade secret laws outside the United States, but there’s a whole world beyond the...more

BREAKING NEWS: Don’t Mess with Texas Trade Secrets: Lone Star State Becomes 48th State to Adopt Uniform Trade Secrets Act

by Scott Lindlaw, Michael Spillner | Orrick - Trade Secrets Group on 5/3/2013

In the battle to harmonize trade secret law, Texas was the Alamo—the biggest state to hold out against the rising tide of states adopting the Uniform Trade Secrets Act. But the Lone Star State is an outlier no more. Today...more

The Real Lesson of Chinese Cyberhacking

by Michael Spillner | Orrick - Trade Secrets Group on 5/1/2013

There’s been a lot of news lately about the Chinese military allegedly launching cyber attacks to steal U.S. trade secrets. This has gotten people riled up, including the President of the United States, who issued a 5-point...more

Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

by Maryanne Stanganelli | BakerHostetler on 4/26/2013

Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince. Just over two years ago, in federal district court in New...more

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

by Thomas Dye | Carlton Fields on 4/25/2013

Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more

Who Owns Your Online Persona?

by Wayne Chang, Paul Cowie | Sheppard Mullin Richter & Hampton LLP on 3/27/2013

Originally published in The Recorder on March 22nd, 2013. Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who...more

Live Events Agency Sues Former Employees And Independent Contractor For Breach Of Non-Solicitation Agreements

by John Paul Nefflen | Burr & Forman on 3/27/2013

On March 18, 2013, TBA Global, LLC, a live events market and communications agency, sued LEO Events, LLC and several of its owners for breach of non-solicitation agreements and misappropriation of TBA’s trade secrets and...more

Obama Administration Solicits Public Help in Preventing Foreign Trade Secret Theft

by Joshua Rich | McDonnell Boehnen Hulbert & Berghoff LLP on 3/22/2013

On Tuesday, the U.S. Intellectual Property Enforcement Coordinator, Victoria Espinel, published a notice in the Federal Register "requesting any recommendations for legislative changes that would enhance enforcement against,...more

Fifth Circuit Affirms Dismissal of International Trade Secret Dispute

by Jason Britt | Foley & Lardner LLP on 3/21/2013

Even as the Obama administration is announcing an effort to crack down on international trade secret theft, the Fifth Circuit has released a ruling reminding companies just how difficult it can be to go to court on their own...more

Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.

by Christophe Difo | Mintz Levin - Employment, Labor & Benefits on 3/20/2013

In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm). At that time, the United States...more

Texas District Court Addresses Misappropriation Theory of Insider Trading

by Joseph E. Gallo, Bruce Sabados | Katten Muchin Rosenman LLP on 3/20/2013

The US District Court for the Northern District of Texas recently denied a defendant’s motion for summary judgment in a Securities and Exchange Commission civil enforcement action under the “misappropriation” theory of...more

Business Law Newsletter - March 2013

by James V. Irving | Bean, Kinney & Korman, PC on 3/18/2013

In This Issue: - Business Torts in Virginia - Virginia Non-Competition Law After Home Paramount - 2013 Mileage Rates Alert - Excerpt from 2013 Mileage Rates Alert: The Internal Revenue Service has...more

California Federal Court Awards Millions for Predictive Coding Costs in Document Review

by Christopher Corsi, Philip Yannella | Ballard Spahr LLP on 3/18/2013

A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to...more

Corporate and Financial Weekly Digest - March 15, 2013

by Katten Muchin Rosenman LLP on 3/18/2013

In this issue: - Mary Jo White, Nominee for Chair of the SEC, Appears Before Senate Banking Committee - SEC Proposes Rules Regarding Technology Systems - FINRA Amends Rules to Address Extraordinary Market...more

Speaking Of . . . Trade Secrets - Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

by Walter Judge | Downs Rachlin Martin PLLC on 3/15/2013

When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both. What’s an appropriate measure of damages when your trade secrets are...more

District Court Denies Mark Cuban Summary Judgment in SEC’s Insider Trading Case

by Bradley Bondi, Brett Sisto | Cadwalader, Wickersham & Taft LLP on 3/15/2013

On March 5, 2013, the United States District Court for the Northern District of Texas issued a Memorandum Opinion and Order in the case Securities and Exchange Commission v. Mark Cuban, denying Cuban's motion for summary...more

Recent Developments In Information Technology Law - First Quarter 2013

by David Syrowik | Brooks Kushman P.C. on 3/12/2013

Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more

Speaking Of . . . Trade Secrets - Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over...

by Walter Judge | Downs Rachlin Martin PLLC on 3/7/2013

An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut. In...more

Business Torts In Virginia

by James V. Irving | Bean, Kinney & Korman, PC on 3/7/2013

In late January, the United State District Court for the Eastern District of Virginia, sitting in Richmond, handed down an opinion that provided a succinct analysis of the pleading standards applicable to several Virginia...more

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