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Misappropriation Young Lawyers

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts

This is the inaugural issue of The Distributed Ledger, a periodic publication covering the latest trends and developments in blockchain technology, digital assets and smart contracts. In this edition, we examine a federal...more

Jones Day

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

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The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more

Sheppard Mullin Richter & Hampton LLP

Lessons Learned: Tips on How to Allege and Argue Trade Secret Misappropriation at a Preliminary Injunction Hearing

Since its passage in 2016, the Defend Trade Secrets Act (DTSA) has increasingly become a valuable tool for employers seeking to enjoin former employees and competitors from misappropriating trade secrets. However, in requests...more

Fish & Richardson

The Defend Trade Secrets Act: The Year in Numbers

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On May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act (DTSA). Before the passage of the DTSA, each state had its own trade secret regime, whether through some variation of the Uniform Trade...more

Orrick - Trade Secrets Group

Pooley’s Corner: What Divorce Court Teaches About Trade Secret Litigation

I still remember the day I decided never to do another divorce case. My client called to tell me that her ex was taking the kids to his mother’s house where she would look for holes in their socks and then rip them with her...more

Seyfarth Shaw LLP

Don’t Forget to Establish Personal Jurisdiction in Defend Trade Secrets Act Cases

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It is well known that 18 U.S.C. § 1836, et seq. (the Defend Trade Secrets Act or “DTSA”) finally provides a mechanism for pursing trade secret claims in federal court. A recent decision, however, serves as an excellent...more

Mintz - Intellectual Property Viewpoints

District Court Finds General Description of Trade Secret Sufficient to Satisfy Pleading Standard under Defend Trade Secrets Act

An important question for any plaintiff alleging trade secret misappropriation is: “How much detail should I provide about the stolen trade secrets in the complaint?” Answering this question often requires the balancing of...more

Fish & Richardson

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

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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

Fish & Richardson

Fifth Circuit Affirms $15 Million Trade Secret Award

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On September 7, 2016, the Fifth Circuit in GlobeRanger Corp. v. Software AG affirmed a $15 million judgment in a trade secret case. Although much of the opinion focused on jurisdictional issues, the portion of the opinion on...more

Ladas & Parry LLP

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

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Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

Orrick - Trade Secrets Group

Early Returns (Part 2 of 2): The DTSA Lifts Off

(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for...more

Orrick - Trade Secrets Group

Early Returns (Part 1 of 2): 3D Printing Company Sues under New Defend Trade Secrets Act

(Editorial Note: This is our first of a two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) In late May 2016, Magic Leap, Inc. became a pioneer in trade secrets litigation...more

Orrick - Trade Secrets Group

Litigate Trade Secret Misappropriation Disputes in Chinese Courts

How can trade secret misappropriation disputes be litigated in Chinese courts, despite the system’s lack of US-style discovery tools? Many companies, especially foreign companies, might be hesitant to even think about...more

McGuireWoods LLP

A Balanced Trade Secrets Protection Regime Adopted by the EU

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On May 26, 2016, the Council of the EU unanimously adopted the directive on the protection of undisclosed know-how and business information (trade secrets). The directive also provides guidelines for the protection of trade...more

Kilpatrick

A Few Highlights From The Newly-Enacted Federal Defend Trade Secrets Act

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The federal Defend Trade Secrets Act (the “DTSA” or “Act”) became law on May 11, 2016. Here are a few highlights: - 1. The DTSA seeks to address the significant effects that trade secret misappropriation has on the...more

BakerHostetler

Comparing the Defend Trade Secrets Act and the Uniform Trade Secrets Act

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As we have previously discussed on the blog, President Obama signed the Defend Trade Secrets Act (DTSA) into law on May 11, 2016. Fortunately, while the law has many new components that businesses need to consider, parts of...more

Kelley Drye & Warren LLP

Straight Outta the Central District: The First Amendment Shields Straight Outta Compton Filmmakers from Misappropriation of...

The filmmakers of 2015’s Straight Outta Compton, the biopic chronicling the career of hip-hop sensation N.W.A., scored a key victory in the Central District of California last Wednesday in the case of Heller v. NBCUniversal,...more

Orrick - Trade Secrets Group

Haven’t You Heard? Trade Secret Theft Can Occur in Unusual Ways

A recent development from the 3D printing world reminds us that threats of trade secret misappropriation are more varied than cyber-espionage or the disgruntled employee taking confidential information to a competitor. With...more

Orrick - Trade Secrets Group

Money Is Time: A Note on Valuation and Sentencing in Criminal Trade Secrets Cases

Criminal trade secrets prosecutions tend to make national headlines, and for good reason. With fact patterns that often involve international intrigue, high technology, and millions of dollars in play, these cases can read...more

Seyfarth Shaw LLP

“Reasonable Suspicion” of Trade Secret Misappropriation Isn’t Always Enough

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Though an employer may be eager to bring a trade secret claim against former employees as soon as possible, filing suit before properly vetting the claim can lead to serious consequences: a malicious prosecution case against...more

Orrick - Trade Secrets Group

Think Before You Tack CFAA Claims on to Your Trade Secret Misappropriation Case

Before you include a Computer Fraud and Abuse Act (“CFAA”) claim in a trade secret case, consider carefully: was the data acquired through “unauthorized access” or was it just misused by the defendants? If it was properly...more

Seyfarth Shaw LLP

Financial Projections, Strategic Plans, And Customer Contract Proposals Can Be Trade Secrets

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Two competitors who do research and analysis for advertisers and media companies, concerning how television viewing impacts consumer purchasing, have been in a legal battle over alleged trade secret misappropriation, patent...more

Burr & Forman

Eight-Figure Judgments in Trade Secret Cases – Do We Have Your Attention Now?

Burr & Forman on

The conventional wisdom among attorneys and litigants in the noncompete and trade secret arena is that the cases are all about the injunctions, usually at the TRO and interlocutory injunction stage. Some judgments handed...more

Carlton Fields

10 Tips for Minimizing Company Liability for Terminating Employees who Steal Trade Secrets

Carlton Fields on

When your company uncovers evidence that an employee misappropriated trade secrets it must act swiftly. The company may want to fire the employee to protect itself from the potentially devastating consequences. But how can...more

Kelley Drye & Warren LLP

Instagram for Sale: Artist Richard Prince’s New Portraits Sparks Controversy

In the past week, several news outlets and social media channels have been buzzing about artist Richard Prince’s exhibit New Portraits, which first debuted at the Gagosian Gallery on September 19, 2014 and was reborn with...more

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