News & Analysis as of

Misappropriation Preemption

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

Womble Bond Dickinson on

The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Seyfarth Shaw LLP

Recent Federal Court Ruling Refuses to Expand the Scope of Georgia Trade Secret Act’s Preemption Clause

Seyfarth Shaw LLP on

It is well established that the Georgia Trade Secret Act (“GTSA”) includes a preemption clause holding that the Act “supersede[s] conflicting tort, restitutionary, and other laws of this state providing civil remedies for...more

Dorsey & Whitney LLP

CBD Pain Cream Producer Feels the Pain from Dismissal of its Trade Secrets Claims for Lack of Misappropriation Evidence

Dorsey & Whitney LLP on

A federal magistrate judge in the United States District Court for the Southern District of Florida, in a trade secrets dispute involving CBD-based pain cream, recently granted summary judgment in favor of all but one...more

Hicks Johnson

A Guide to Texas Trade Secret Laws

Hicks Johnson on

What companies need to know as disputes grow larger, more frequent - Given the primacy of technology to the operation of the global economy, it should come as no surprise that jury awards in trade secret disputes are...more

Morris James LLP

Chancery Finds That Delaware’s Trade Secrets Statute Preempts Unjust Enrichment Claim for Same Alleged Misconduct

Morris James LLP on

250ok, Inc. v. Message Sys., Inc., C.A. No. 2020-0588-JRS (Del. Ch. Jan. 22, 2021) - This decision clarifies the scope of preemption of common law claims under the Delaware Uniform Trade Secret Act (“DUTSA”). Plaintiff...more

Mintz - Trademark & Copyright Viewpoints

Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal...

In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead,...more

Holland & Knight LLP

The UTSA and Preemption of Other Claims - A Trade Secret Claim By Any Other Name (Usually) Does Not Smell So Sweet

Holland & Knight LLP on

In drafting initial pleadings, some litigators assert every cause of action that could possibly fit the facts, so as to protect their clients from every angle. This approach requires extra care when one of the claims arises...more

Orrick - Trade Secrets Group

One Step Away From Uniform: Taking A Closer Look At Massachusetts’ New Trade Secrets Law

As we reported in August, Massachusetts became the penultimate state to enact the Uniform Trade Secrets Act (UTSA), leaving New York as the sole remaining holdout. Massachusetts’ new law, which took effect October 1, 2018,...more

Morris James LLP

Court Of Chancery Enforces Agreement To Waive Corporate Opportunity Claims

Morris James LLP on

Alarm.Com Holdings Inc. v. ABS Capital Partners Inc., C.A. 2017-0583-JTL (June 15, 2018) - Under 8 Del C. Section 122(17) a corporation may waive any claim that a corporate opportunity was wrongfully taken by a fiduciary....more

Winstead PC

Federal Court Dismisses Breach of Fiduciary Duty Claim Because It Was Preempted By The Texas Uniform Trade Secret Act

Winstead PC on

In Embarcadero Techs., Inc. v. Redgate Software, Inc., four employees left their employer and began working at a new company. No. 1:17-cv-444-RP, 2018 U.S. Dist. LEXIS 1902 (W.D. Tex. January 5, 2018). ...more

Orrick - Trade Secrets Group

Excess Cargo? Shipping Common Law Claims Out of a Trade Secret Complaint

AFS, a company specializing in streamlining shipping costs and logistics, had its eight count amended complaint streamlined to only one—its Tennessee Uniform Trade Secrets Act (“TUSTA”) claim—primarily due to preemption and...more

Winstead PC

Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim

Winstead PC on

In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and...more

Seyfarth Shaw LLP

California Federal Court Finds CUTSA Preemption on Unfair Competition Claim in Uber Row

Seyfarth Shaw LLP on

Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more

Fish & Richardson

Federal Copyright Preemption Extends to Preempt State Laws Which Protect Material That Congress Expressly Declined to Protect...

Fish & Richardson on

Recently, we discussed the broad reach of the doctrine of Federal Copyright Preemption. In Ultraflo Corp. v. Pelican Tank Parts, Inc. 2017 U.S. App. LEXIS 509 (Jan. 11, 2017), the Fifth Circuit made clear that not only does...more

Orrick - Trade Secrets Group

Misappropriation Versus the Copyright Act: Round 2 in the Fifth Circuit

A few months ago, Trade Secrets Watch covered the GlobeRanger Corp. case in which the Fifth Circuit joined 10 other circuits in determining that the Copyright Act does not preempt state trade secret misappropriation claims....more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

McDermott Will & Emery

Federal Copyright Law Does Not Preempt Trade Secret Claim

McDermott Will & Emery on

Addressing issues of preemption, the US Court of Appeals for the Fifth Circuit affirmed the district court’s decision that federal copyright law did not preempt the plaintiff’s trade secret claim because trade secret claims...more

Fish & Richardson

Federal Copyright Preemption of State Law Claims – Still a Powerful Defense Tool in Commercial Litigation

Fish & Richardson on

Recently our colleagues Natalie Arbaugh and Rex Mann discussed the Fifth Circuit’s decision in GlobeRanger Corp. v. Software AG USA, Inc., 2016 WL 4698270 (5th Cir., Sept. 7, 2016), focusing on the Court’s discussion of the...more

WilmerHale

Copyright and Trademark Case Review: The Slants, The Sims and SCAR Rifles

WilmerHale on

Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies Washington Redskins' Petition to Join Proceedings - Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies...more

Orrick - Trade Secrets Group

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more

Knobbe Martens

The Defend Trade Secrets Act of 2016 - New Federal Protection for Trade Secrets | Orange County Business Journal Intellectual...

Knobbe Martens on

On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and...more

Sheppard Mullin Richter & Hampton LLP

The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

Although some version of the Uniform Trade Secrets Act (“UTSA”) has widely been adopted by most states, including California, variations among the versions and related judicial interpretation has led to...more

Moore & Van Allen PLLC

Another Challenge for Information Governance: The Defense of Trade Secrets Act

Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade...more

Best Best & Krieger LLP

Federal Defend Trade Secrets Act Takes Effect

Employers Should Immediately Revise Confidentiality Agreements to Comply - The Defend Trade Secrets Act, signed into law by President Obama last week and effective immediately, provides a new federal remedy for trade...more

Knobbe Martens

The Current State of Trade Secret Law and how the New Federal Statute Will Shape the Landscape

Knobbe Martens on

Trade Secret Protection Schemes: •State: Uniform Trade Secrets Act –Adopted in various forms between 1979 and 2013 •Common Law –New York and Massachusetts •Federal: Defend Trade Secrets Act –Amends the...more

38 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide