News & Analysis as of

Trade Secrets Confidential Information

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 -

DTSA and Ex Parte Seizure – Lessons From The First Ex Parte Seizure Under The DTSA

The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more

Series: Defend Trade Secrets Act | Lessons in Surviving a Motion to Dismiss

by Fish & Richardson on

Our colleague Olga May recently blogged about how to plead a claim under the DTSA. In this next installment of the DTSA series, we’ll take a deeper look at some samples from the rapidly-expanding set of decisions addressing...more

Series: Defend Trade Secrets Act | Pleading A Claim Under the DTSA

by Fish & Richardson on

Courts have had over a year to address the pleading requirements under the federal Defend Trade Secrets Act (“DTSA”), after it took effect in May 2016. The general pleading standard remains the plausibility test under the...more

Cyber Insurance: Get What You Pay For              

by Fisher Phillips on

Due to the increasing number of successful and attempted cyber-attacks and increased government scrutiny surrounding protection of confidential information, companies cannot ignore the various risks associated with potential...more

National Survey On Restrictive Covenants In Employment

by Fox Rothschild LLP on

This survey has been provided by the Fox Rothschild Labor and Employment and Securities Industry practice groups as a quick reference for in-house counsel and human resource professionals. The law in this area not only...more

Plaintiff Can Review Documents Deemed as Non-Responsive, But Has to Bear its Own Costs: eDiscovery Case Week

by CloudNine on

eDiscovery Case Week concluded yesterday. We covered four cases this week and, Wednesday, .... Here’s the final case. Just when you thought it was safe to go back in the courtroom! In Nachurs Alpine Solutions, Corp. v....more

PilieroMazza Legal Advisor - Third Quarter 2017

by PilieroMazza PLLC on

In this Issue: - The All Small Mentor/Protégé Program, One Year Later: Lessons Learned and a Key Milestone - Protecting Your Employees and Confidential Information when Working with Teaming Partners -...more

PILLOW TALK: A Threat to Trade Secrets?

It turns out that, even in romantic relationships, some things are best kept secret. On July 7, 2017, Teva Pharmaceuticals USA, Inc. filed a complaint in the Eastern District of Pennsylvania alleging that a former executive...more

Intellectual Property and Business: Part 1

by Barley Snyder on

In business, an asset is anything of value owned by a company, and managing those assets is a complete and structured approach to long-term success for that business. Too often, a business overlooks their intellectual...more

Conviction for Economic Espionage, Sale of Trade Secrets to China

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit upheld the first federal jury criminal conviction for economic espionage and theft of trade secrets under the Economic Espionage Act of 1996 (EEA), even though the owner of the...more

Outside Constitutional Protection, Within Anti-SLAPP Statute

by McDermott Will & Emery on

Addressing the issue of defending against claims seeking to remedy alleged misappropriation or misuse of a business’s trade secrets or confidential information by invoking the Texas Citizens Participation Act (TCPA), the...more

The Third Circuit Addresses the Defend Trade Secrets Act and Appears to Have Applied the Inevitable Disclosure Doctrine

by Seyfarth Shaw LLP on

The Defend Trade Secrets Act (DTSA) states very clearly that an injunction issued pursuant thereto may not “prevent a person from entering into an employment relationship,” and that any conditions placed on a former...more

Privacy Tip #94 – Keep Your Day Job and Stay Out of Jail

One of my favorite lines when I conduct employee education about data privacy and cybersecurity is “Keep Your Day Job.” The context of the comment is when I tell audiences about the dumb moves of employees who think they can...more

Illinois Federal Court Allows Inevitable Disclosure Theory in Defend Trade Secrets Act Case

by Seyfarth Shaw LLP on

On May 11, 2017, a Northern District of Illinois federal court ruled that a Plaintiff properly alleged misappropriation under both the federal Defend Trade Secrets Act (DTSA) and the Illinois Trade Secrets Act (ITSA) in a...more

Time to Review Your Non-Competition Agreements in Light of New Nevada Statutory Amendments

by Snell & Wilmer on

On June 3, 2017, the Governor of Nevada signed Assembly Bill 276 into law, making substantial changes to Nevada Revised Statute (“NRS”) 613, which governs non-competition agreements. The amendments are notable for not only...more

The Importance of Non-Compete Agreements

by Revision Legal on

It is a common business practice for employers to require their employees to sign a non-compete agreement as part of the terms of their employment. Use of non-compete agreements are a particularly popular practice in...more

Above the Clouds: Jeweler’s Trade Secret Spat Highlights Risk of Employee-Controlled Cloud Storage

We have discussed before the importance of maintaining internal policies and procedures to protect the security and integrity of cloud-based repositories. A recent case in the U.S. District Court for the District of Maryland...more

Imagining the Perfect Confidentiality Agreement

The perfect confidentiality agreements is, in most cases, overkill and in any event would probably never be signed. Hundreds, if not thousands, of CDAs, NDAs and other secrecy agreements are signed every day, and the vast...more

Is Your Employee NDA Weak?

by Foley & Lardner LLP on

We live in a world of “leaking” information and the automotive industry is not immune. Automotive companies go to great lengths to protect their confidential information (including innovations). But do they have the legal...more

Non-Compete News: Using Defend Trade Secrets Act, California Court Stops Deletion of Misappropriated Confidential Information

by FordHarrison on

Having just celebrated its one-year anniversary, the Defend Trade Secrets Act (DTSA) triggered an uptick in federal litigation concerning the fight to protect corporate trade secrets. Though no court has issued the elusive ex...more

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

State And Federal Trade Secrets Claims Upheld By Northern District Of Illinois

by Jackson Lewis P.C. on

A May 11, 2017 decision by Judge Chang, in the Northern District of Illinois, found misappropriation alleged under the Defend Trade Secrets Act (DTSA) and the Illinois Trade Secrets Act (ITSA), in a case where the employee...more

4 Key Takeaways: The Problem(s) with NDAs

Kilpatrick Townsend Partner Nancy Stagg recently participated in a roundtable organized by the San Diego Chapter of Association of Corporate Counsel (ACC). The speakers discussed “The Problem(s) with NDAs (Non-Disclosure...more

Employee Mobility and Trade Secret Protection in California: What Works and What Doesn’t

by Epstein Becker & Green on

California has always been a challenging jurisdiction for employers in terms of limiting unfair competition by former employees and protecting trade secrets. However, employers in the state can significantly enhance their...more

Avoiding contractual pitfalls and 'gotchas'

by McAfee & Taft on

You’re likely to see the same clauses repeated in most patent, trade secret and software license contracts. As a result, these agreements have a similar structure and feel, which can lead one to assume that a clause in a new...more

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