News & Analysis as of September 22, 2024

Trade Secrets › Disclosure Requirements

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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 trade secrets and confidential business information in Canada

Smart & Biggar on 9/11/2024

Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more

Selected Recent Developments for Public Companies

BCLP on 8/21/2024

Public companies should take note of several recent developments, including: ..Reversal of the Pegasystems trade secrets lawsuit that nevertheless preserves guidance to take care when describing litigation as “without...more

Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional Knowledge Treaty, The Plant Patent...

International Lawyers Network on 6/20/2024

The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making. As WIPO’s press...more

IP and Tech: Twin Engines of Innovative Sustainability

J.S. Held on 6/13/2024

In the quest for a sustainable future, the United Nations’ Sustainable Development Goals (SDGs) represent goalposts, albeit lofty ones, that countries can aim for. These 17 interconnected goals address pressing global...more

Does Arkansas Recognize the Doctrine of Inevitable Disclosure?

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/1/2024

Does Arkansas recognize the doctrine of inevitable disclosure in the context of trade secret issues? In some circumstances, yes...more

How to Obtain a Court Ordered Subpoena for ISP Subscriber Identity

Vondran Legal on 4/9/2024

Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more

The Pros And Cons Of Protecting AI As Trade Secrets

Rothwell, Figg, Ernst & Manbeck, P.C. on 3/5/2024

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Court Orders Release of Contractor EEO-1 Reports

Proskauer - Government Contractor Compliance... on 1/30/2024

On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for...more

TikTok Makes It Out of West Texas to Sunny Northern California

McDermott Will & Emery on 11/16/2023

The US Court of Appeals for the Fifth Circuit granted a writ of mandamus ordering the transfer of a case, finding that the district court’s denial of the motion to transfer “was so patently erroneous” that the extreme measure...more

Confidential Business Information/Toxic Substance Control Act: Environmental Defense Fund Opening D.C. Circuit Court of Appeals...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/14/2023

The Environmental Defense Fund (“EDF”) filed an opening brief with the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) challenging a United States Environmental Protection Agency (“EPA”) Toxic Substances...more

Without Merit: A Cautionary Tale About Boilerplate Litigation Disclosures in Public Company Filings

Proskauer - Minding Your Business on 8/29/2023

Counsel for public companies—it may be time to take another look at your litigation disclosures. A recent federal district court opinion held that one company’s use of the phrase “without merit” to describe ongoing litigation...more

What’s AI Got to Do with Fashion?

ArentFox Schiff on 3/29/2023

With the advent of OpenAI’s ChatGPT, GitHub Copilot, and Google’s Bard, generative artificial intelligence (AI) is all the rage from students looking for an easy answer to c-suite executives hoping to stay ahead of the game....more

Patent Poetry: Beyond the NDA: Using NNN Agreements in China

AEON Law on 8/22/2022

What is an “NNN” agreement and why might you want to use one? “NNN” stands for “Non-Disclosure/Non-Use/Non-Circumvention.” An NDA is just a non-disclosure agreement (which often also includes a non-use clause) that’s designed...more

Top Legal Issues Facing the Manufacturing Sector in 2022

Foley & Lardner LLP on 7/7/2022

As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more

California Bill Would Prohibit Settlement Agreements Keeping Certain Information Secret

Skadden, Arps, Slate, Meagher & Flom LLP on 5/24/2022

The California Senate will soon consider a bill prohibiting settlement agreements that prevent disclosing information about defective products or environmental hazards....more

Understanding and Litigating Trade Secrets: An Outline for Analyzing the Statutory and Common Law of Trade Secrets In Illinois

Jenner & Block on 2/17/2022

Since the first edition of this outline was published in 2009 and the second and third editions were published in 2014 and 2017, Illinois case law addressing the protection of confidential and trade secret information has...more

The Robins Kaplan Spotlight Vol. 6 No. 4 - Can You Keep a Secret? And Should You?

Robins Kaplan LLP on 12/6/2021

One of the perceived benefits of closely held corporations is their ability to keep secrets. Indeed, closely held corporations can legally hide a great deal of information. Family businesses are especially likely to keep...more

Protecting Your Intellectual Property: Part I

Butler Snow LLP on 9/7/2021

Recently, high level policy changes with intellectual property (IP) have been taking place on a wide scale. When considering intellectual property protection, it is important to understand the different types of intellectual...more

Pitcher Cries Foul: Former Major League Baseball Pitcher Takes a Swing at a Trade Secrets Claim

Holland & Knight LLP on 6/28/2021

Former Toronto Blue Jays pitcher Michael Bolsinger has not played Major League Baseball (MLB) since his lackluster performance against the Houston Astros on Aug. 4, 2017. In only 29 pitches, Bolsinger allowed four runs, four...more

Why Patents Can Matter In Trade Secret Cases

Sheppard Mullin Richter & Hampton LLP on 9/23/2020

Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more

SEC Staff Issues Disclosure Guidance on International Intellectual Property and Technology Risks

Skadden, Arps, Slate, Meagher & Flom LLP on 1/17/2020

In December 2019, the Division of Corporation Finance (Staff) of the U.S. Securities and Exchange Commission (SEC) published new "CF Disclosure Guidance: Topic No. 8" (Guidance) regarding disclosure obligations companies...more

SEC Sets Disclosure Expectations on IP Risks Associated with International Operations

Stinson - Corporate & Securities Law Blog on 1/3/2020

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

Keeping Trade Secrets Out of Patents

Womble Bond Dickinson on 9/5/2019

Trade secret and patent laws both provide intellectual property protection but have conflicting requirements that can impose challenges for a company seeking to maximize its protection under each right. Originally...more

Employers with Federal Contracts Should Take Affirmative Steps to Maintain Confidentiality of Pay Data Submitted via EEO-1 Survey

Poyner Spruill LLP on 7/19/2019

As discussed in our prior alert, employers are now required to submit additional information to supplement EEO-1 reports. The deadline to submit this new information – which will include employee pay data (referred to by the...more

Supreme Court Broadens Confidential Commercial Information Exempt from FOIA

Morgan Lewis on 6/25/2019

In a ruling that has implications for businesses turning information over to federal agencies, the US Supreme Court has held that commercial or financial information that is treated as private by its owner and provided to the...more

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Trade Secrets › Disclosure Requirements

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