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Trade Secrets Best Practices

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 -
Procopio, Cory, Hargreaves & Savitch LLP

[Webinar] 3rd Annual Construction Forum - November 15th, 10:00 am - 4:00 pm PT

Don’t miss Procopio’s 3rd Annual Construction Forum webinar on Wednesday, November 15, 2023, an informative half-day program focused on the most pressing California construction law issues facing contractors, developers and...more

Venable LLP

[Ongoing Program] Life Sciences Series - Legal Developments in Artificial Intelligence: The Intersection of Generative Artificial...

Venable LLP on

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our...more

CDF Labor Law LLP

[Webinar] The Explosion of ChatGPT and Artificial Intelligence: Top Legal Compliance Tips for California Employers - June 20th,...

CDF Labor Law LLP on

Join Dan M. Forman, Partner and Chair of CDF’s Trade Secret and Privacy Practice Groups, for an exclusive one-hour complimentary webinar focused on providing attendees with invaluable insights and top tips for effectively...more

Fisher Phillips

6 Proactive Tips to Address Employee Defection Concerns Before a Crisis Unfolds

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It is often said that the best defense is a good offense. That is certainly true if you are an employer conducting a risk assessment of potential employee defections that could expose your company to losses of valuable...more

Holland & Knight LLP

Commercializing Your Startup's Big Secret Without Losing Its Value (Part 2)

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In our first post, we discussed the scope of trade secret protection, as well as how a trade secret is established and enforced. In this second post, we discuss trade secret “hygiene” – that is, best practices for maintaining...more

PilieroMazza PLLC

[Webinar] Protecting Your Confidential Information: FOIA Exemption 4 for Government Contractors - September 15th, 2:00 pm - 3:00...

PilieroMazza PLLC on

The Freedom of Information Act allows government agencies to release any record in their possession unless one of nine exemptions applies. Exemption #4—the focus of this webinar—protects information considered “trade secrets...more

Mintz - Intellectual Property Viewpoints

Benefits of and Best Practices for Protecting Artificial Intelligence and Machine Learning Inventions as Trade Secrets

We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform can be patented. Under what circumstances, however, is it best to keep at least a portion of the platform a trade...more

Dickinson Wright

[Webinar] Protecting Software Intellectual Property in Electric and Autonomous Vehicle Technologies - November 3rd, 12:00 pm -...

Dickinson Wright on

Technical advancements, in both vehicle electrification and automation, are increasingly focused on software innovations, while the focus on hardware innovations appears to be somewhat diminished. Protecting intellectual...more

PilieroMazza PLLC

Risk Prevention Strategies: Ownership of Employee-Developed Inventions and Intellectual Property

PilieroMazza PLLC on

Companies often hire employees to develop new products, improve processes, create new technologies, and develop new markets. But how should employers address the ownership of intellectual property created by their employees...more

Fisher Phillips

Protecting Against the Risk of Trade Secret Exposure Arising from Biotech Industry Collaboration

Fisher Phillips on

Biotechnology companies in the healthcare/pharmaceutical realm are in an exceptionally competitive field, with many companies competing against each other for a chance to market similar innovative therapeutics. These...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2021

Fenwick & West LLP on

In This Issue - Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions? In Minerva v. Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the...more

PilieroMazza PLLC

[Webinar] Risk Prevention Strategies: Ownership of Employee-Developed Inventions and Intellectual Property - September 29th, 2:00...

PilieroMazza PLLC on

Companies often hire employees to develop new products, improve processes, create new technologies, and develop new markets. But how should employers address the ownership of intellectual property created by their employees...more

Kilpatrick

Monthly Minute | Trade Secret Protection Best Practices–Exit Interviews

Kilpatrick on

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Joel Bush covers the second part of his best practices for trade secret protection—exit interviews....more

Kilpatrick

Monthly Minute | Trade Secret Protection Best Practices–Employment and Confidentiality Agreements

Kilpatrick on

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Joel Bush covers best practices for trade secret protection—employment and confidentiality agreements....more

Jackson Walker

Best Practices for Maintaining Confidentiality of Trade Secrets in Virtual Arbitration Proceedings

Jackson Walker on

Clients who opt for the privacy of alternate dispute resolution to resolve business differences are sometimes chagrined to learn that designating an ADR does not by itself guarantee confidentiality of trade secrets. The usual...more

Nossaman LLP

On-Demand Webinar | Protecting Information in a Work-From-Home World

Nossaman LLP on

Each month, Nossaman's complimentary Employment BUZZ webinar series covers a different topic of interest to employers, including tax, insurance, intellectual property and employment issues. These "quick hit" 30-minute...more

McAfee & Taft

When is hiring a competitor’s employee ‘racketeering’?

McAfee & Taft on

When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more

Jones Day

JONES DAY PRESENTS®: Helping Clients with Trade Secret Protection

Jones Day on

Most trade secret misappropriation is the work of a company employee or former employee. Jones Day partners Andrea Weiss Jeffries, Steve Zadravecz, Rebecca Swindells, Dr. Christian Paul, and Jon Linas explain why strategic,...more

Holland & Hart LLP

Intellectual Property Protection Post-Pandemic: ‘The Readiness Is All'

Holland & Hart LLP on

One thing has become clear as we emerge from the shutdown: companies, especially technology companies and startups, must be nimble and ready to adapt to rapidly changing conditions, regulations, customer expectations and...more

Blank Rome LLP

[Webinar] Primers for Pandemic Litigation Update - Critical Assets at Risk: Protecting Data Privacy and Trade Secrets during...

Blank Rome LLP on

With the COVID-19 related increase in remote work, anxious employees are being increasingly targeted by cyber criminals and hackers with phishing scams, business e-mail compromise schemes, and malicious ransomware. At the...more

Fish & Richardson

Best Practices: How to Protect Trade Secrets From Loss Through Departing Employees

Fish & Richardson on

1. Introduction - We start with the assumption that your company has already laid the foundation for IP protection, including the creation of a rock-solid trade secrets program...more

Holland & Knight LLP

IP Considerations During COVID-19: IP Housekeeping

Holland & Knight LLP on

As businesses consider how to transition to a "new normal," a thorough review of intellectual property (IP) assets and a protocol for managing those assets should be part of the planning process. For many companies, the...more

UB Greensfelder LLP

[Webinar] Do You Have A [Trade] Secret? - April 22nd, 2:00 pm - 3:00 pm EDT

UB Greensfelder LLP on

Maybe not. The answer depends on whether you take “reasonable measures” to protect the secrecy of your information. Join Ulmer Partner Rachael Rodman to further examine trade secrets and how to protect them. During this...more

Benesch

Before The Dust Settles: Immediate Actions You Should Take When Your Secrets Are Compromised

Benesch on

Endless days. Sleepless nights. Time. Money. Worry. You have spent a career building up your company and expanding your business. Then, one otherwise unassuming afternoon, you learn that a disgruntled employee or envious...more

UB Greensfelder LLP

[Webinar] Do You Have A [Trade] Secret? - April 2nd, 2:00 pm - 3:00 pm EDT

UB Greensfelder LLP on

Maybe not. The answer depends on whether you take “reasonable measures” to protect the secrecy of your proprietary information. Please join Ulmer Partner Rachael Rodman for a live webinar on Thursday, April 2, from 2:00 -...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
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  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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