News & Analysis as of September 19, 2024

Trade Secrets › Duty of Loyalty

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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 -

CA Federal Court Awards Biomedical Companies $62M Following Jury Trial Involving Confidentiality-Related Claims

Proskauer - Minding Your Business on 3/6/2024

On November 1, 2023, a jury in the U.S. District Court for the Central District of California awarded damages to Skye Orthobiologics, LLC (“Skye”) and Human Regenerative Technologies, LLC (“HRT”) for breach of contract,...more

Employee’s Duty of Loyalty to Employer

Stark & Stark on 1/10/2024

While everyone is undoubtedly aware that an employee is not lawfully permitted to steal from his/her employer, the next logical question concerns what specifically are an employee’s legal obligations during their course of...more

Time to Revisit Your Confidentiality Agreement

Fox Rothschild LLP on 12/27/2023

As you surely know by now, non-compete and non-solicit agreements, and related provisions in settlement or other types of agreements, will be even more heavily scrutinized in California in 2024. So enough about what you...more

Massachusetts Court Bars “Reasonable Royalty” Evidence Based on Law of the Case Doctrine

Nutter McClennen & Fish LLP on 5/16/2022

After successfully appealing a judgement and obtaining a remand of its Chapter 93A claim to the Massachusetts BLS, the Governo Law Firm moved to admit expert testimony about a “reasonable royalty” measure of damages. Governo...more

Court Rules that Employees Cannot Disclose Your Trade Secrets, Even to Themselves

Genova Burns LLC on 8/24/2020

On August 10, 2020, the District Court for the District of New Jersey in Bramshill Investments, LLC v. Ashley Pullen, 2:19-cv-18288 (D.N.J. August 10, 2020) recently considered a motion to dismiss a complaint against an...more

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

Butler Snow LLP on 4/23/2019

A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee’s Facebook account and using that information to pursue a trade secrets claim against four former employees....more

Appeals Court Tells Former Employees: Two Wrongs Don’t Make Them Right

Genova Burns LLC on 3/18/2019

The Third Circuit skirted the issue as to the means by which the employer, Scherer Design Group (“SDG”) found out about the theft. In the end, the fact that an employer may have violated the common law by accessing private...more

Company’s Covert Monitoring of Former Employees’ Private Facebook Messenger Conversations Was Not “Unclean Hands” - Preventing...

Holland & Knight LLP on 3/1/2019

The equitable defense of "unclean hands" is often raised but rarely proven. Sometimes stated as "he who comes into equity must come with clean hands," it is based on the maxim that "he that hath committed iniquity shall not...more

Exit Stage Left –Tips For When A Key Employee Moves To A Competitor

Amundsen Davis LLC on 2/28/2019

As with most things in life, you should hope for the best, but plan for the worst in the event that a valued employee leaves to join a competitor. This post contains some helpful tips to keep in mind following such a move by...more

Ruling offers guidance for companies seeking injunctions to protect trade secrets

McAfee & Taft on 2/23/2019

Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more

10th Circuit Affirms that Employer Failed to Show How Past Harm Signified Future Irreparable Harm in Support of Preliminary...

Seyfarth Shaw LLP on 2/11/2019

On December 28, 2018, a three-judge panel of the Tenth Circuit Court of Appeals affirmed the holding by the U.S. District Court for the District of Colorado denying the plaintiff’s, DTC Energy Group, Inc. (“DTC Energy”),...more

Pennsylvania Federal Court Finds That Plaintiff’s Trade Secret Misappropriation Allegations Hold Up

Seyfarth Shaw LLP on 12/18/2018

A Pennsylvania federal court recently denied Defendant Synchrony Group, LLC’s motion to dismiss a trade secret lawsuit filed by Plaintiff Jazz Pharmaceuticals, Inc. (Jazz”) holding that Plaintiff sufficiently stated a trade...more

N.C. Business Court Dismisses Most Claims in Employee Misconduct Lawsuit

Parker Poe Adams & Bernstein LLP on 10/29/2018

Earlier this year, the North Carolina Business Court (which handles complex business cases arising in the state) issued a decision that serves as a painful reminder of the consequences of failing to protect your business from...more

Seven Critical Mistakes LLCs Make, and LLC Manager Power Issues

Patton Sullivan Brodehl LLP on 10/8/2018

The “Seven Critical Mistakes LLCs Make” Series - This series of posts covers some of the most serious mistakes that LLCs regularly make. Here are...short summaries of each: Choosing the Wrong Business Partners —...more

Colorado Court of Appeals Confirms the Broad Scope of “Arising Under” Arbitration Agreements and Expands Duty-of-Loyalty Claims

Littler on 10/3/2018

On September 20, 2018, the Colorado Court of Appeals issued an impressive 41-page decision on the scope of arbitration agreements and the duty of loyalty in Colorado, Digital Landscape Inc. v. Media Kings LLC, 2018 COA 142...more

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Trade Secrets › Duty of Loyalty

CA Federal Court Awards Biomedical Companies $62M Following Jury Trial Involving Confidentiality-Related Claims

Employee’s Duty of Loyalty to Employer

Time to Revisit Your Confidentiality Agreement

Massachusetts Court Bars “Reasonable Royalty” Evidence Based on Law of the Case Doctrine

Court Rules that Employees Cannot Disclose Your Trade Secrets, Even to Themselves

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

Appeals Court Tells Former Employees: Two Wrongs Don’t Make Them Right

Company’s Covert Monitoring of Former Employees’ Private Facebook Messenger Conversations Was Not “Unclean Hands” - Preventing...

Exit Stage Left –Tips For When A Key Employee Moves To A Competitor

Ruling offers guidance for companies seeking injunctions to protect trade secrets

10th Circuit Affirms that Employer Failed to Show How Past Harm Signified Future Irreparable Harm in Support of Preliminary...

Pennsylvania Federal Court Finds That Plaintiff’s Trade Secret Misappropriation Allegations Hold Up

N.C. Business Court Dismisses Most Claims in Employee Misconduct Lawsuit

Seven Critical Mistakes LLCs Make, and LLC Manager Power Issues

Colorado Court of Appeals Confirms the Broad Scope of “Arising Under” Arbitration Agreements and Expands Duty-of-Loyalty Claims

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

Excess Cargo? Shipping Common Law Claims Out of a Trade Secret Complaint

Question #272: Competing in California

The Duty of Loyalty Awakens

Appellate Decision Teaches New Jersey Employees How To Remove Confidential Documents and Trade Secrets from Employers

Trade Secrets › Duty of Loyalty

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