News & Analysis as of September 21, 2024

Trade Secrets › Disclosure

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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 -

Revisiting Trade Secret Strategies Following the FTC’s Ban on Noncompete Agreements

McDermott Will & Emery on 5/17/2024

On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements...more

What do you have to Show to Prove that Someone Misappropriated Trade Secrets?

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/3/2024

What must you show to prove that someone misappropriated trade secrets? The Arkansas Uniform Trade Secrets Act provides that misappropriation of trade secrets can be shown in one or more of three ways: acquisition or physical...more

Mind Your Audience: Disclosure of Confidential Information to AI Programs Can Give Rise to Trade Secret Misappropriation Claims

Sheppard Mullin Richter & Hampton LLP on 3/19/2024

AI tools such as Chat GPT and Otter are becoming common programs that employees use to help streamline business tasks. Otter, for example, is an AI Meeting Assistant that automatically transcribes and summarizes meetings in...more

Can You Get a Court to Stop Someone from Sharing Customer/Client Lists?

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/13/2024

Can you get a court to stop someone from sharing customer/client lists in Arkansas? As explained in this blog post, it depends. But often the question is debatable and hiring an attorney experienced in unfair competition...more

2024 Changes to Eastern District of Louisiana Local Rules

McGlinchey Stafford on 2/19/2024

New Orleans’ resident federal court, the Eastern District of Louisiana, made notable changes to its local rules effective January 1, 2024, which impact daily practice for most Eastern District attorneys. First, the...more

Bytes and Boundaries: Why You Need an Employee AI Use Policy

Husch Blackwell LLP on 1/30/2024

Employers know that artificial intelligence (AI) is here to stay, but so many are grappling with the initial question: where do we even begin? Recognizing the benefits of AI, many companies have decided that allowing...more

Are You Protecting Your Construction Firm’s Trade Secrets?

Bradley Arant Boult Cummings LLP on 4/20/2023

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

No Breach of Contract Where Company Disclosed Its Own Non-Public Information

McDermott Will & Emery on 4/14/2022

The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trade secret lawsuit against a consultant that allegedly failed to prevent its client from disclosing its own proprietary information...more

JFTC and METI Proposes Guidelines for Business Collaboration with Startups and Investment in Startups

White & Case LLP on 1/10/2022

On December 23, 2021, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups and Investment in Startups...more

Navigating Trade Secret Identification During Discovery: Timing & Scope

Jones Day on 12/16/2021

A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly...more

Trade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited...

Sheppard Mullin Richter & Hampton LLP on 7/27/2021

In trade secrets litigation, it is often critical to expeditiously obtain protection from further disclosure or continued misappropriation of the trade secret at issue through a motion for preliminary injunction. Courts are...more

New Public Records Act Opinion Considers Extent of Trade Secret Privilege

Best Best & Krieger LLP on 4/28/2020

Drug Company’s Mandatory Release of Price Increase May Compromise Privilege, Permitting Disclosure Under the CPRA - A California appellate court recently held that disclosure of trade secret information to third parties,...more

How Safe Is That Harbor? The Impact of the Defend Trade Secrets Act's Whistleblower Immunity Provision on a Trade Secret Owner's...

Troutman Pepper on 9/13/2019

Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more

You Can’t Sue the Government Under the Federal Trade Secret Act

Holland & Knight LLP on 10/18/2018

It's an old aphorism that "you can't fight City Hall." Now it's time to add a related aphorism: "you can't sue the government under the federal Defend Trade Secrets Act (DTSA) for disclosing your trade secrets" – at least so...more

HR Toolkit Series, Part 4 - Protecting Proprietary Information and Trade Secrets

Holland & Knight LLP on 10/1/2018

In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more

Revised Trade Secrets Disclosures May Be Costly

Orrick - Trade Secrets Group on 6/15/2018

In some cases, there may be a severe cost – even a monetary cost – for plaintiffs who seek to materially amend their trade secrets disclosure following discovery. This is what happened to the plaintiff, Swarmify, in its...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Schwabe, Williamson & Wyatt PC on 5/8/2018

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Don’t Worry, Your Secret is Safe With Me

Fisher Phillips on 4/16/2018

Many defendants attempt to defend claims for trade secret misappropriation by claiming that they never used or disclosed the information in question. Based on a recent ruling by a federal district court in New York, however,...more

Texas Supreme Court Declines To Take Up Case Requesting That A Plaintiff Describe The Elements Of Any Trade Secret Process That It...

Seyfarth Shaw LLP on 4/9/2018

Late last week, the Texas Supreme Court denied a petition for mandamus in which the petitioner sought an order compelling a plaintiff to identify the specific trade secrets it contends were misappropriated, bucking what...more

Mine Your Own Business: Multinational Mining Company Seeks Protection Of Alleged Trade Secrets During Discovery

Orrick - Trade Secrets Group on 3/16/2018

Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more

Trade Secrets May Retain Protections Despite Disclosure to Single Competitor

Seyfarth Shaw LLP on 6/9/2017

The Ninth Circuit recently held in United States v. Liew that it was not plain error for the district court not to instruct the jury that disclosure “‘to even a single recipient who is not legally bound to maintain [a trade...more

Pooley’s Corner: When Taking Trade Secrets Becomes a Crime

Orrick - Trade Secrets Group on 4/28/2017

In the recent lawsuit filed against Uber by Waymo for hiring the head of its driverless car project, what would have been a normal discovery dispute over access to a report suddenly became a lot more complicated when the...more

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

Orrick - Trade Secrets Group on 10/13/2016

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

Is The “Good Cause” Standard Inadequate to Protect Your Company’s Trade Secrets in Discovery Disputes?

King & Spalding on 12/22/2015

As owners of trade secrets know, once a trade secret is disclosed, especially to a competitor, the value of this property right is destroyed and the competitive advantage it affords the owner is lost. Lawyers who sue energy...more

Protecting Company Relationships and Information Upon an Employee Departure

Smith Anderson on 10/16/2015

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

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Trade Secrets › Disclosure

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