News & Analysis as of

Misappropriation Confidential Information Risk Management

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

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On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

Rothwell, Figg, Ernst & Manbeck, P.C.

[Webinar] Artificial Intelligence Litigation Risks for the Medical Technology Industry - August 29th, 2:00 pm ET

Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing...more

Fish & Richardson

Crafting a Comprehensive Trade Secret Strategy

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Despite the value trade secrets create for companies that hold them, they are often-overlooked intellectual property assets. But, unlike patents, trade secrets require their owners to take affirmative steps to maintain the...more

Dunlap Bennett & Ludwig PLLC

How to Protect Your Company’s Trade Secret

Given the dire consequences a company can face once its valuable trade secrets are disclosed to competitors, companies must increasingly take steps to protect their trade secrets in order to remain competitive....more

Blank Rome LLP

[Ongoing Program] Protecting Information from Insider Threats and External Hacker - February 22nd, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

Troutman Pepper

Delaware Court of Chancery: Companies Must Maintain Trade Secret Confidentiality in a Remote World

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In a recent decision, the Delaware Court of Chancery noted that a plaintiff-franchisor did not take adequate protections to safeguard the confidentiality of its purported trade secrets while using a remote audiovisual...more

Seyfarth Shaw LLP

Security From Afar: How Best to Protect Trade Secrets in a World of Remote Working, Zoombombing, and Uncertainty

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Social distancing, a term which few of us had heard of before this year (despite the fact that it has been used since at least the early 2000s), is stretching into its third month....more

Seyfarth Shaw LLP

Conducting Trade Secret and Restrictive Covenant Investigations Remotely

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One of the first things a company should do when it suspects that its trade secrets have been compromised or that an employee has violated post-employment restrictive covenants is to conduct an investigation. ...more

Morgan Lewis

Protecting Trade Secrets During Shelter-in-Place

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Given the number of employees and independent contractors working remotely, it is a good time for companies to reassess their trade secret policies and remind all personnel of their obligations to maintain and protect the...more

Seyfarth Shaw LLP

What Constitutes a Litigation “Emergency” During a Worldwide Health Crisis?

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In the world of trade secret and restrictive covenant litigation, time is often of the essence. Clients need to take immediate steps to prevent the harm that flows from the misappropriation of confidential information....more

Troutman Pepper

Seven Steps to Address Trade Secret Misappropriation by Whistleblowers

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“The immunity provision of the Defend Trade Secrets Act creates serious risk for companies: A whistleblower could expose a company to civil and criminal penalties stemming from the company’s alleged misconduct and...more

Lowndes

Here’s What You Need To Know About Protecting Trade Secrets

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What do you do when a key employee leaves and you believe he/she has taken your company’s trade secrets to a competitor? Or when a strategic business partner uses your trade secret information to compete against you?...more

Gray Reed

Who Pays When Your New Employee Brings Your Competitor’s Trade Secrets?

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Days ago, engineer Anthony Levandowski was indicted on criminal charges accusing him of stealing information from Google-owned Waymo and taking it to Uber. While the indictment alleges he downloaded 14,000 documents...more

Cozen O'Connor

Protecting Your Trade Secrets: Implementing an Effective Exit Protocol

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We have previously posted on HR Headaches about the practical steps employers can take to protect their company’s trade secrets. ...more

Poyner Spruill LLP

How to Stop Departing Employees from Walking Off with the Company Jewels

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Problem: A key member of the design team for your start-up company's upcoming product launch has just quit in a huff over compensation. He (or she) threatens to go to your primary competitor and share everything they know...more

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

Protecting Confidential Information and Trade Secrets When Employees Leave the Company

When employees leave a company—whether it is due to a voluntary or involuntary separation—their former employers may worry about the security of the company’s confidential information and trade secrets. This article answers...more

Polsinelli

Identifying Trade Secrets: The First Step to Protecting Employers’ Competitive Advantage

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Employers should be able to definitively identify their “trade secrets” and non-public information. Indeed, employers may miss out on opportunities for relief from misappropriation of their trade secrets by former employees...more

Littler

"Purloined Letters": Management Options When a Departing Employee Puts a Business Entity at Risk by Collecting Confidential...

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The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets...more

Pierce Atwood LLP

The Defend Trade Secrets Act: Five Key Lessons

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Courts will refuse to grant trade secret protection under the Defend Trade Secret Act (DTSA) when an employer has not taken certain basic precautions to create and maintain the secrecy of the subject information. ...more

Orrick - Trade Secrets Group

Juicing Up Your Policies: How To Protect Your Trade Secrets

Recently, popular Southern California juice and aguas frescas chain Green Crush filed suit against up-and-coming rival juice bar Paradise Splash and several individuals. The lawsuit, filed in the U.S. District Court for the...more

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