News & Analysis as of

Misappropriation Employee Misconduct

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

Massachusetts SJC Rules That Employers May Hold Employees Liable for Violating Unfair and Deceptive Trade Practices Law

On April 9, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee may be liable to his or her employer under the Commonwealth’s unfair and deceptive trade practices statute - which authorizes an award of...more

Spilman Thomas & Battle, PLLC

Trade Secret Misappropriation and Employee Fiduciary Breach in ASML v. XTAL Results in Large Judgement

On May 3, 2019, following a jury verdict rendered last November, a Santa Clara, California court entered a final judgment for $845 million in favor of semiconductor maker, ASML, in its suit against rival, XTAL, for stealing...more

Seyfarth Shaw LLP

Nursing Assistant’s “Self-Help” Attempt to Bolster Her Discrimination and Wage Claims Backfires in Spectacular Fashion

Seyfarth Shaw LLP on

As readers of this blog know, most trade secret misappropriation claims are brought in civil complaints—but a recent case out of Pennsylvania reveals how quickly the tables can turn on a civil plaintiff asserting claims...more

Genova Burns LLC

Appeals Court Tells Former Employees: Two Wrongs Don’t Make Them Right

Genova Burns LLC on

The Third Circuit skirted the issue as to the means by which the employer, Scherer Design Group (“SDG”) found out about the theft. In the end, the fact that an employer may have violated the common law by accessing private...more

Holland & Knight LLP

Company’s Covert Monitoring of Former Employees’ Private Facebook Messenger Conversations Was Not “Unclean Hands” - Preventing...

Holland & Knight LLP on

The equitable defense of "unclean hands" is often raised but rarely proven. Sometimes stated as "he who comes into equity must come with clean hands," it is based on the maxim that "he that hath committed iniquity shall not...more

Farella Braun + Martel LLP

3 Trends in Criminal Trade Secret Prosecution

Criminal trade secret prosecutions are on the rise nationwide and in the Northern District of California, especially cases relating to alleged theft by Chinese nationals and entities. According to a 2017 report by the White...more

Fisher Phillips

Don’t Worry, Your Secret is Safe With Me

Fisher Phillips on

Many defendants attempt to defend claims for trade secret misappropriation by claiming that they never used or disclosed the information in question. Based on a recent ruling by a federal district court in New York, however,...more

Tucker Arensberg, P.C.

Uber and Waymo Settle Trade Secret Dispute

Tucker Arensberg, P.C. on

On February 9, 2018, Uber and Waymo agreed to settle their closely watched trade secret dispute related to self-driving car technology. As part of the settlement, Uber has agreed not to use any Waymo confidential information...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Considerations to Protect Against Insider Threats in Cybersecurity

Most companies have strengthened their cybersecurity defenses against outside hackers, but many often neglect the equal threat posed by those within their network walls — employees who already have privileged access to...more

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