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Trade Secrets › Data Theft

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 -
DRI

Defending Against Employee Defection: The Intersectionality of Cybersecurity and Trade Secret Protections in the Digital Age

DRI on

Cybersecurity and data protection often involve the protection of data and intellectual property (“IP”), such as trade secrets, from outside threats, but is your company prepared to defend against threats from the inside? The...more

Fisher Phillips

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

Fisher Phillips on

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

Farella Braun + Martel LLP

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Farella Braun + Martel LLP on

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation...more

International Lawyers Network

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

International Lawyers Network on

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

Epstein Becker & Green

[Webinar] What’s New for 2020 with Trade Secrets and Restrictive Covenants Law - September 15th, 12:00 pm - 1:00 pm ET

Epstein Becker & Green on

2020 has been an unsettling, unprecedented, and difficult year for most employers. At the same time, courts and legislatures have been directly affected by the ongoing pandemic while responding to the urgent and unusual needs...more

Stinson - Corporate & Securities Law Blog

SEC Sets Disclosure Expectations on IP Risks Associated with International Operations

Stinson - Corporate & Securities Law Blog on

The SEC has issued new guidance it believes will assist public companies both in assessing materiality and in drafting disclosure related to risks to technology and intellectual property that may result from conducting...more

Orrick - Trade Secrets Group

Court Upholds One Year in Prison for Theft of non-Trade Secrets

Orrick - Trade Secrets Group on

A federal district court judge in Chicago sentenced Robert O’Rourke, a former employee of iron bar manufacturer Dura-Bar, to one year and one day in prison last week for stealing trade secrets. Well, not quite. O’Rourke was...more

Buckingham, Doolittle & Burroughs, LLC

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

Buckingham, Doolittle & Burroughs, LLC on

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

Farella Braun + Martel LLP

Individual Accountability in the Huawei Trade Secrets Prosecution

Farella Braun + Martel LLP on

In the ongoing legal battle over the alleged theft of American trade secrets by Chinese telecom giant Huawei, one curious aspect is the lack of charges filed against any individual Huawei employees. On February 28, Huawei...more

Farella Braun + Martel LLP

3 Trends in Criminal Trade Secret Prosecution

Farella Braun + Martel LLP on

Criminal trade secret prosecutions are on the rise nationwide and in the Northern District of California, especially cases relating to alleged theft by Chinese nationals and entities. According to a 2017 report by the White...more

Shook, Hardy & Bacon L.L.P.

Tesla Seeks Inspection Of Former Employee’s Cloud Storage Accounts – Lawsuit Highlights The Need For Diligent Security Efforts By...

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In a recently developing story, on June 20, 2018, automaker and renewable energy giant Tesla filed suit against its now former employee Martin Tripp in the U.S. District Court for the District of Nevada. ...more

Fisher Phillips

Why Your Company Should Be Using Email Enterprise Vaults, Anti-Deletion Programming and Key Stroke Surveillance Software in the...

Fisher Phillips on

Twenty-five years ago most companies’ greatest fear of espionage was employee theft at the photocopy machine at 2 in the morning. The company playbook could not be forwarded in an email or put on a thumb drive in a matter of...more

Fisher Phillips

Combatting Corporate Espionage In The Digital Age

Fisher Phillips on

In the modern age of relatively cheap and ever-evolving technology, corporate espionage is a real threat that could be perpetrated by any employee or other insider at any time. The term “corporate espionage” covers many...more

Fisher Phillips

Defending Trade Secrets In The Gig Economy

Fisher Phillips on

Waking up to news of another major data breach seems to have become a daily routine. On the front pages and cable news, we hear about hackers, rogue governments, and shadowy figures involved with these data breaches. But too...more

Seyfarth Shaw LLP

Key Employee Departures and Trade Secret Risk Assessment

Seyfarth Shaw LLP on

It’s Friday afternoon and the conversation goes a little like this, “Wait, what? They’re leaving? Where are they going? Is there any opportunity to help them reconsider?” When a key employee departs an organization, it can...more

Seyfarth Shaw LLP

The Smartphone: A Treasure Trove of Evidence in Trade Secret Cases

Seyfarth Shaw LLP on

It’s hard to believe the first smartphone was released over 20 years ago. At that time, few thought it would become such an integral part of our lives. Additionally, this year marks the 10th anniversary of the iPhone and its...more

Foley & Lardner LLP

What To Do When You Hire A Thief

Foley & Lardner LLP on

Employers victimized by trade secret misappropriation appropriately express righteous outrage, both at the offending ex-employee and sometimes at the new employer. However, on another day the roles can reverse: That same...more

Constangy, Brooks, Smith & Prophete, LLP

Data Theft And What’s “Tangible”: New York Appellate Division Reinstates Conviction Of Former Goldman Sachs Programmer Sergey...

Constangy, Brooks, Smith & Prophete, LLP on

The law often lags behind developments in the tech world. One problem for employers seeking to protect their data is that some anti-theft and trade secret protection laws drafted long ago refer to “goods” and “tangible”...more

Seyfarth Shaw LLP

Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

Seyfarth Shaw LLP on

Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more

Dorsey & Whitney LLP

It’s Easier for Employers to Sue for Data Theft

Dorsey & Whitney LLP on

Why a Ninth Circuit decision and an amendment to the Economic Espionage Act change the landscape. Two new developments this past year have made it easier for employers to sue employees in federal court for stealing data...more

Seyfarth Shaw LLP

[Webinar] Protecting Confidential Information and Client Relationships in the Financial Services Industry - April 14th, 1pm EST,...

Seyfarth Shaw LLP on

In Seyfarth's fourth installment in its series of 2016 Trade Secret Webinars, Seyfarth attorneys will focus on trade secret and client relationship considerations in the banking and finance industry, with a particular focus...more

McGuireWoods LLP

Stealing Bases Okay; Stealing Data Not So Much

McGuireWoods LLP on

On January 8, 2016, Christopher Correa, the former director of Baseball Development for the St. Louis Cardinals, pleaded guilty to each count of a five-count criminal information, charging him with felony violations of...more

Seyfarth Shaw LLP

Frequently Asked Questions Regarding Trade Secret Disputes and Employment Risks

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In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks. 1. Could you provide a brief snapshot of current trends in...more

Stoel Rives LLP

David Nosal, Employee Data Theft, and Why Employment Lawyers Should Understand Their Clients' IT Infrastructure

Stoel Rives LLP on

Earlier this month, a federal judge in San Francisco sentenced David Nosal to a year in prison, three years’ supervised release, 400 hours of community service, and $60,000 in fines. His crime? Nosal violated the Computer...more

Orrick - Trade Secrets Group

Smoking Gun Or Blowing Smoke? Five Tips To Make Sure That Computer Forensic Evidence Of Trade Secret Theft Is What You Think It Is

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Today’s hackers and ex-employees steal secrets with USB drives, personal email accounts, and computer networks, making computer forensics critical in detecting trade secret theft....more

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