Trade Secrets

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
News & Analysis as of

IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of...more

International News: Focus on International Dispute Resolution

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation...more

Avoiding Disaster - the Importance of an Intellectual Property Protection Plan for Breweries, Wineries and Distilleries

An effective intellectual property protection strategy is vital for almost every business, but is perhaps even more important for businesses such as breweries, wineries and distilleries where much of their product...more

Federal Attack on Non-Competes Likely Another Casualty of Election

As our readers are aware, employers can expect that the Trump administration will usher in a plethora of changes in terms of federal employment law policy and enforcement. One particular area in which the new administration...more

What Efforts are “Reasonable” to Protect Your Trade Secrets?

The trade secret laws of most countries – including the recent U.S. federal Defend Trade Secrets Act – contain the same requirement: in order to enforce its rights, a trade secret owner has to show that it has made...more

Supreme Court May Consider ITC’s Authority Over Trade Secret Matters

Here at TSW, we continue to watch closely developments in the Sino Legend v. ITC case. In September, Sino Legend petitioned the Supreme Court for a writ of certiorari to review whether Section 337 of the Tariff Act of 1930...more

5 Key Takeaways from My Long List of Regulatory Changes Shared at ECVC2016

As 2016 draws to a close with a major political transition underway in Washington, D.C., organizations already dealing with a rapidly evolving regulatory environment now face uncertainty regarding whether some of the new...more

Insurance Recovery Group News: Bad Faith Ruling Against The Travelers Affirmed In Massachusetts

Recently the Massachusetts Appeals Court upheld a ruling that The Travelers Companies Inc. violated the Massachusetts Consumer Protection Act, M.G.L. c. 93A, as well as the Massachusetts unfair claims settlement practices...more

THANKSGIVING EDITION [FROM THE ARCHIVES]: Court Protects Quizno’s Franchise Turkey Trade Secrets

This Thanksgiving, Trade Secrets Watch is serving a delicious tale about protecting trade secrets in a franchising relationship. In 1994, Quizno’s entered into a franchise agreement with Robert Kampendahl, an...more

Trade secret protection under President-elect Trump

Without question, US companies face a growing and daily threat from rival companies and foreign governments. Thieves operating in cyberspace and using sophisticated technologies can quickly steal and transfer massive...more

HALLOWEEN TREAT: Judge’s October 31 Order Adds $21 Million to Jury’s $70 Million Award for Trade Secret Theft

On October 31st of this year, a district judge in Massachusetts granted a motion for enhanced damages in a theft of trade secrets case, adding an additional $21 million to a $70 million jury award. The theft of trade...more

Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test...more

Cybersecurity 2017 – The Year In Preview: Trade Secret Theft Takes Center Stage

Editor’s Note: This is the first of an end-of-year series of posts examining coming trends in cybersecurity. Posts will examine trends in state regulations, federal regulatory authority, the changing nature of the threat...more

Changes to Public Records Act Reshape Duties of Government Contractors

Recent amendments to Florida's Public Records Act both clarify and alter a contractor's responsibilities under the Act. The 2016 amendment to the Act applies to contracts with a public agency entered into or amended on or...more

How Energy Firms Can Use The Defend Trade Secrets Act

Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets...more

Intellectual Property Bulletin - Fall 2016

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

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

Jawbone Fails to Prove Trade Secret Misappropriation by Fitbit at the ITC

Trade secret theft is a growing threat to American businesses. One obstacle to addressing misappropriation through a lawsuit can be a lack of direct evidence of theft. For example, if an employee leaves his company to work...more

One of Obama Administration’s Final Mandates: Non-Competes Should Be The Exception, Not The Rule

With all the hubbub over the Presidential election, it would not be hard to overlook some of the Obama administration’s final moves. Recently, the White House issued a call to action to state legislators to ban non-compete...more

White House Urges States to Reform Non-Competition Laws

On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. The call to action follows an earlier report from the White House which...more

Undersecretary Nelotsky is Alive and Well!

In the landmark misappropriation case International News Service v. Associated Press, 248 U.S. 215 (1918), the Supreme Court identified a quasi-property right created by the investment of effort and money in an intangible...more

CFTC Proposes New Rule Allowing it to Obtain Trading Firm’s Trade Secrets Without Due Process

As the Obama administration winds down, its regulators are showing no signs of letting up. Last week the Commodities Futures Trading Commission (CFTC) decided that it should no longer be constrained by its subpoena power...more

Energy Sector Alert Series: Energy Companies With Trade Secrets - Welcome to the DTSA

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more

Fracking Fluid Dynamics: New Trade Secrets Movements

It is no secret that America’s energy industry depends upon the trade secret status of its products, techniques, and procedures for much of its continued success. As oil prices remain volatile, trade secret and intellectual...more

Flash Drive Design May Support Copyright Infringement Claim

Addressing claims of copyright infringement and misappropriation of trade secrets, the US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s summary judgment in favor of the...more

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