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Trade Secrets › Federal Contractors

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 -
DirectEmployers Association

OFCCP Week In Review - May 2024 #4

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The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

McDermott Will & Emery

“Common Sense” Governs Tribal Sovereign Immunity Under Federal Contracting Program

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The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign...more

Wiley Rein LLP

CAFC Releases Decision Addressing CBCA’s Jurisdiction over Software Developers Claiming to be Parties to a Procurement Contract

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In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the...more

Proskauer - Government Contractor Compliance...

Court Orders Release of Contractor EEO-1 Reports

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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

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

McDermott Will & Emery

Head East: Contract Disputes Act Claims Must Be Filed in DC

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The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more

Benesch

Trade Secrets/Non-Compete Quarterly Update - Q2 2023

Benesch on

Welcome to our Q2 Trade Secret and Restrictive Covenant Update. As you can tell from the update, Q2 was a busy quarter in this space from both a regulatory, legislative, civil litigation and criminal litigation perspective....more

Troutman Pepper

Software Developer Wins Preliminary Injunction Against the U.S. Navy in Trade Secrets Act Case

Troutman Pepper on

We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of...more

Venable LLP

Long-Awaited Protections for Intellectual Property Could Have Significant Implications for Federal Government Contractors

Venable LLP on

The Protecting American Intellectual Property Act of 2022—passed by the Senate on December 20, 2022 and signed by the President on January 5, 2023—aims to protect American IP interests by imposing sanctions on certain foreign...more

Fisher Phillips

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

Fisher Phillips on

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Issues 30-Day FOIA Notice to Contractors and Subcontractors

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On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) request that impacts the federal contracting community. An investigative...more

PilieroMazza PLLC

[Webinar] Protecting Your Confidential Information: FOIA Exemption 4 for Government Contractors - September 15th, 2:00 pm - 3:00...

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The Freedom of Information Act allows government agencies to release any record in their possession unless one of nine exemptions applies. Exemption #4—the focus of this webinar—protects information considered “trade secrets...more

Holland & Knight LLP

Federal Circuit Affirms Contractors’ Ownership Rights in Technical Data and Trade Secrets

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When trade secrets and other intellectual property disputes arise involving federal government contractors, defendants often assert that the alleged trade secret or intellectual property belongs to the government as part of...more

Pullman & Comley, LLC

Manufacturing Updates - Spring 2021

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Welcome to Manufacturing Updates, Pullman & Comley’s new quarterly publication that summarizes important legal developments for manufacturers. Manufacturing Updates brings together insights from attorneys across our many...more

Morrison & Foerster LLP - Federal Circuitry

The Federal Circuit, in Boeing, Backs Contractors' Proprietary Markings, but Leaves Open an Important Question on Scope

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Federal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force, that the Department of Defense (DoD) Federal Acquisition Regulation...more

Morrison & Foerster LLP - Government...

The Federal Circuit, In Boeing, Backs Contractors’ Proprietary Markings, But Leaves Open An Important Question On Scope

Morrison & Foerster LLP - Government... on

Federal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force, that the Department of Defense (DoD) Federal Acquisition Regulation Supplement...more

Proskauer - Law and the Workplace

Third Circuit Recognizes Trade Secret Misappropriation Claim by Party Possessing (But Not Owning) the Trade Secret

Proskauer - Law and the Workplace on

It is not often that a United States Court of Appeals issues a decision on trade secrets, much less one involving the review of a bench trial that drew legal conclusions on the scope of trade secret law and the propriety of...more

Holland & Knight LLP

When Possessing a Trade Secret is Enough to Sue

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In trade secret litigation, particularly among government contractors, defenses are sometimes asserted based on whether the plaintiff actually owns or retains a sufficient interest in the trade secret at issue. This can...more

Robins Kaplan LLP

Financial Daily Dose 2.14.2020 | Top Story: Amazon Wins Injunction of JEDI Cloud-Computing Contract

Robins Kaplan LLP on

In a massive win for Amazon (because, again, Jeff NEEDS it), Court of Federal Claims Judge Patricia Campbell-Smith has granted the company’s motion for an injunction halting Microsoft’s work on the $10 billion cloud-computing...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Justice Issues New Guidance on Exemption 4 to the Freedom of Information Act

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On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4. When preparing reverse-FOIA submissions, a...more

Bass, Berry & Sims PLC

Protecting Government Contractors’ Confidential Information Just Got Easier

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At the end of June, the U.S. Supreme Court issued an important Freedom of Information Act (FOIA) decision that decreases the burden on contractors seeking to protect confidential information. As most contractors are aware,...more

Orrick - Trade Secrets Group

Are State Governments Immune From Suit For Misappropriation Of Trade Secrets?

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You are a state-government contractor. You respond to an RFP issued by a state-government entity. In your bid proposal, you submit documents that contain your trade secrets. You do not get the contract, but you later learn...more

Poyner Spruill LLP

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

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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

Holland & Knight LLP

The Supreme Court Expands Contractor FOIA Protection - with a Caveat

Holland & Knight LLP on

Contractors have struggled to prevent the release of confidential information such as proposals incorporated into contracts and unit pricing requested by competitors and others under the Freedom of Information Act (FOIA)....more

Miles & Stockbridge P.C.

Supreme Court Decision Broadens Protection for Confidential Information against Disclosure under FOIA

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In a significant decision for Government contractors, the Supreme Court has expanded the types of “commercial or financial information” that are “confidential,” and therefore exempt from disclosure under the Freedom of...more

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