News & Analysis as of

Misappropriation Arbitration

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

Proskauer - California Employment Law

Trade Secrets Claim Against Company Not Severable From Claim Against Employee, Appeals Court Finds

A California semiconductor manufacturer cannot pursue in court its claims of trade secret misappropriation against a rival company while simultaneously arbitrating the same claims against the allegedly larcenous employee, a...more

Miller Canfield

U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards

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The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more

Proskauer - Law and the Workplace

Lessons Learned From 2022’s Trade Secret Verdicts

Before closing the book on 2022, we look back at the most significant verdicts issued in trade secret trials this past year. In 2022, several juries awarded extraordinary verdicts to plaintiffs. These verdicts suggest a...more

Carlton Fields

Ninth Circuit Agrees Non-Signatory Cannot Be Compelled to Arbitrate Under California Law

Carlton Fields on

Defendants appealed a California federal district court order denying their motion to compel arbitration of the plaintiff’s claims for trade secret misappropriation, common law misappropriation, and unfair competition. The...more

JAMS

The Use of Tutorials in Life Sciences Arbitrations

JAMS on

Cases involving intellectual property disputes are challenging to litigate in any forum. They often turn on complex scientific or technical information. Persuading jurors or a trial judge while also educating them on the...more

Goodwin

Litigation Insights - July 2021

Goodwin on

FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Rumberger | Kirk

Kratos Investments vs. ABS Healthcare: Third DCA Confirms Enforceability of Arbitration Provision by Non-Signatory

Rumberger | Kirk on

When it comes to arbitration provisions, you may get more than you bargained for. The Third District Court of Appeals recently confirmed that by signing an arbitration provision, the signatory may be forced to arbitrate by a...more

McGlinchey Stafford

The Bullet Point: Ohio Commercial Law Bulletin Have My Trade Secrets Been Misappropriated? Volume 5, Issue 2

McGlinchey Stafford on

Unconsionability Defense to Arbitration- Sebold v. Latina Design Build Group, L.L.C., 8th Dist. Cuyahoga No. 109362, 2021-Ohio-124 In this appeal, the Eighth Appellate District affirmed the trial court’s decision agreeing...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 110: Mapping U.S. Domestic and Extraterritorial Trade Secret Protection and Enforcement with Robert Friedman

Intellectual property rights provide intangible yet valuable assets that multinationals can leverage in the 21st century. One such exclusive property right is trade secrets. Almost every business has the potential to create...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Judicial Review of FINRA's Refusal to Compel Arbitration

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Bass, Berry & Sims attorney Chris Lazarini discussed a court’s authority to compel arbitration where FINRA has declined to accept a case. In this case, following the Director of FINRA’s Office of Dispute Resolution...more

Seyfarth Shaw LLP

Trade Secret Litigation on the Rise in California: How ADR Can Help

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Trade secret litigation in California is growing, in both volume and impact. The second-largest plaintiffs’ verdict in 2019 was $845 million, as reported by the Daily Journal, which was awarded to ASML, a Dutch semiconductor...more

Farrell Fritz, P.C.

Allegedly “(Leon) Black”-listed Former Apollo Employee Fails to State A Business Tort Claim

Farrell Fritz, P.C. on

The line between aggressive business competition and unlawful conduct can sometimes be difficult to determine. Many different theories of tort liability have developed over the years to address the variations of unlawful...more

Akin Gump Strauss Hauer & Feld LLP

Anti-Arbitration Injunctions: The Implications of Sabbagh vs Khoury

In Sabbagh v. Khoury [2019] EWCA Civ. 1219, the English Court of Appeal has held that English courts have the power, in “exceptional cases”, to grant anti-arbitration injunctions to restrain an arbitration seated abroad—even...more

Holland & Knight LLP

“Head Start” Damages Affirmed Against Employee Who Started Competitor in China

Holland & Knight LLP on

An often sought remedy in trade secret cases is unjust enrichment, which DTSA and several uniform state trade secret acts permit plaintiffs to seek for the unlawful benefit received by defendants "that is not addressed in...more

Littler

Colorado Court of Appeals Confirms the Broad Scope of “Arising Under” Arbitration Agreements and Expands Duty-of-Loyalty Claims

Littler on

On September 20, 2018, the Colorado Court of Appeals issued an impressive 41-page decision on the scope of arbitration agreements and the duty of loyalty in Colorado, Digital Landscape Inc. v. Media Kings LLC, 2018 COA 142...more

Carlton Fields

Second Circuit Affirms Denial of Arbitration in Case Involving Misappropriation of Trade Secrets

Carlton Fields on

Medidata brought suit against its competitor, Veeva, alleging that Medidata’s former employees, who eventually left the company to work for Veeva, violated their employment agreements which required them to protect Medidata’s...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Goodwin

Business Litigation Reporter - March 2018

Goodwin on

In This Issue: The addition of new AAA, JAMS, and CPR rules governing emergency requests for interim relief, and recent court decisions in the wake of those rules, have raised important new issues. Whereas most courts...more

Orrick - Trade Secrets Group

USE IT OR LOSE IT! Enforce Your Arbitration Agreement Or Waive Your Right To Arbitrate Your Trade Secret Misappropriation Claims

Earlier this month, a federal court in the Middle District of Tennessee denied an employer’s motion to compel arbitration, finding that it waived its right to arbitration by engaging in litigation....more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Carlton Fields

Federal Circuit Affirms Finding Of Non-Arbitrability Under “Wholly Groundless” Standard

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Stephen Evans, doing business as Roof n’ Box, Inc. (“RNB”), had a contract with Building Materials Corp. of America, (“BMCA”) to promote RNB’s “Roof N Box” product, a three-dimensional roofing model, to building-construction...more

Fenwick & West LLP

Fenwick Employment Brief - June 2013

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In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

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