News & Analysis as of September 19, 2024

Confidential Information

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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 -

Protecting Your Business: Practical Tips To Keep Your Trade Secrets Secret

Felicello Law PC on 5/15/2024

Everyone is talking about the new rule approved by the Federal Trade Commission on April 23 (published on May 7 and set to take effect – pending legal challenges – on September 4, 2024 ). It is referred to as the...more

How to Protect Trade Secrets: Taking Reasonable Efforts to Maintain the Secrecy of Information

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/20/2024

How do you protect trade secrets? You take reasonable efforts to maintain the secrecy of the information. As we have outlined in prior installments of this series, taking reasonable efforts to maintain secrecy is a key issue...more

Protecting Your Business in a Digital World: Top 10 Questions for Internal Teams and Stakeholders

Benesch on 5/17/2023

The questions below are intended to help in-house counsel obtain the most important information related to technology projects so they can evaluate risks to the company’s data, intellectual property, and commercial interests,...more

Collision at the Intersection of Construction and Intellectual Property Law: Are You Protecting Your Firm's Trade Secrets?

Bradley Arant Boult Cummings LLP on 4/24/2023

The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the...more

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

Fisher Phillips on 1/20/2023

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

You Bargained for Confidential Arbitration but Your Adversary Sues in Public Court—Now What?

Felicello Law PC on 9/27/2022

From secret formulas to priceless client lists, sensitive information is critical to the continued success of businesses large and small. In business dealings, trade secrets and competitive information are sometimes exchanged...more

Protecting Trade Secrets in a Hot Labor Market — Make Sure Departing Employees Don’t Exit Through the Gift Shop

Foley & Lardner LLP on 2/8/2022

In this hot labor market, businesses have been laser focused on hiring and retaining talent. While increased employee mobility leads to some exciting hires, it also means some workers are leaving for new opportunities. When...more

[Ongoing Program] Protecting Information from Insider Threats and External Hacker - February 22nd, 12:00 pm - 12:30 pm ET

Blank Rome LLP on 1/19/2022

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

New Federal Tools Can Help Private Sector Protect Trade Secrets From Cyberattacks – And May Soon Require Reporting

Fisher Phillips on 4/5/2021

Cybersecurity was undoubtably on the forefront of the agenda for many organizations in 2020 – and 2021 should be no different. The rapid shift to remote work over the past year has led to an increased number of cybersecurity...more

The Tools Used in Modern Business---Such As Videoconferencing---and the Social Media Culture Create Real Challenges to Protecting...

Foley & Lardner LLP on 2/17/2021

In the past decade, the prevalence of videoconferencing, social media, and other technological platforms have flooded college dorm rooms and boardroom meetings alike. The ubiquity of these technologies is unavoidable, and...more

Protecting Confidential Information in Canada: Is there a Better Way?

International Lawyers Network on 2/10/2021

The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In...more

Trade Secret Protection With A Remote Workforce: 7 Practical Considerations for Employers

Fisher Phillips on 1/15/2021

The COVID-19 remote work era is now in its tenth month, and employees continue to work away from the physical office, without in-person supervision, and perhaps outside of the company network. During this time, many employees...more

Protecting Your IP: Social Media Dos and Don’ts

International Lawyers Network on 12/9/2020

Social media continues to offer an invaluable platform for natural products brands to engage and expand their customer base. In these times, consumers are using social media more and more—particularly on their mobile...more

Electric Fence: Protecting Proprietary Rights in Collected Energy Data

Farella Braun + Martel LLP on 11/11/2020

Like companies in other industries, a growing number of modern energy-related companies are focusing their efforts on data collection and analysis. For example, Enphase – an energy technology company – regularly tracks data...more

Will Supreme Court Enforce Law And Order In The Digital Workplace?

Fisher Phillips on 11/6/2020

Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more

The Defend Trade Secrets Act: An Overview and Key Developments

Haug Partners LLP on 7/16/2020

Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more

Trade Secret Hygiene for Current Employees

Farella Braun + Martel LLP on 1/2/2020

In the first two parts of this series on best practices in protecting trade secrets, we addressed risks raised by the arrival and departure of key employees at companies, and failed potential customer-supplier or acquisition...more

Stolen Trade Secrets – Here’s why companies are losing in court

Buckingham, Doolittle & Burroughs, LLC on 6/20/2019

Over the past decade, companies are increasingly losing trade secret theft cases. Even when corporate secrets are stolen, courts are dismissing claims of disputed trade secret cases because plaintiffs have not taken...more

Protecting Your Trade Secrets in the UK

Jones Day on 6/10/2019

The Situation: Protecting intangible property can be extremely challenging, but significant and effective tools are available under English law to minimize significant harm to entities that have been victimized by a data...more

A Cautionary Tale: Don’t Wait Until There Is A Problem To Protect Your Trade Secrets

Sheppard Mullin Richter & Hampton LLP on 5/3/2019

A federal decision recently reminded businesses about the importance of taking appropriate measures to protect their proprietary information before any misappropriation occurs. In Abrasic 90 Inc. v. Weldcote Medals, Inc., the...more

Is Your Physician Pay Data A Trade Secret? Probably Not, Says Recent Court Decision

Fisher Phillips on 2/5/2019

When a Florida federal court recently rejected a hospital system’s attempt to keep its physician compensation data private, despite a claim that the information constituted a trade secret, healthcare employers across the...more

Storage of Confidential Information on Executive’s Personal Devices Impedes Trade Secret Protection

Fenwick & West LLP on 11/5/2018

The U.S. Court of Appeals for the Eleventh Circuit considered the oft-litigated issue of what constitutes reasonable efforts to maintain secrecy of a claimed trade secret in Yellowfin Yachts v. Barker Boatworks, a case...more

Intellectual Property Bulletin - Fall 2018

Fenwick & West LLP on 10/31/2018

In This Issue - Gender Diversity in Patenting: Current Landscape and Recommendations - The gender gap in patenting is a current challenge that companies face. While this issue seems pervasive, companies and lawyers can...more

An Ounce Of Prevention Is Worth A Pound Of Cure When It Comes To Protecting Your Trade Secrets

Fisher Phillips on 5/9/2018

Anyone working in the healthcare industry knows the saying: “an ounce of prevention is worth a pound of cure.” It’s one of the most common adages used when discussing the benefits of a healthy lifestyle or the importance of...more

Fear and Trade Secrets on the Campaign Trail

Fisher Phillips on 4/26/2018

The Democratic National Committee recently filed a lawsuit against Russia, WikiLeaks, the Trump Campaign, and a bunch of individuals (including Julian Assange, Jared Kushner, and a hacker named “Guccifer 2.0”) that includes...more

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