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Trade Secrets › Litigation Strategies

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 -
Sheppard Mullin Richter & Hampton LLP

Attorney’s Fees May Be Recoverable in Trade Secret Cases, Even Without Damages

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In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable attorney’s fees and costs if expressly permitted in a contract....more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Can I Defend Myself Against a Claim of Misappropriation of Trade Secrets?

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How can you defend yourself if you are accused of misappropriation of trade secrets? This is a complex area of the law and there is no one-size-fits-all defense. Developing a strategy to successfully defend against a claim...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Is Theft of Trade Secrets a Crime in Arkansas?

Mitchell, Williams, Selig, Gates & Woodyard,... on

Is theft of trade secrets a crime in Arkansas? Yes. Under Arkansas Code Annotated Section 5-36-107, the Arkansas Penal Code establishes that theft of trade secrets is a Class A misdemeanor. The statute establishes that a...more

Proskauer - Minding Your Business

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

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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

Epstein Becker & Green

#WorkforceWednesday: How to Pursue Damages in Trade Secrets Litigation - Employment Law This Week® - Spilling Secrets Podcast

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This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: Trade secret and non-compete litigation can result in massive damage awards, but those cases can also be...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Three: Evidentiary Concerns

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Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,...more

Fox Rothschild LLP

An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say

Fox Rothschild LLP on

When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third. In Vitaform, Inc. v. Aeroflow, Inc.¸ 2023 NCBC 20A, the Business Court afforded...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Two: Damages

Hicks Johnson on

As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...more

Planet Depos, LLC

Proposed SECRETS Act of 2021: What To Know

Planet Depos, LLC on

There has been a recent increase in the volume of complaints filed with the International Trade Commission – to be specific, in complaints alleging misappropriation of trade secrets and their unauthorized use in imports to...more

Hahn Loeser & Parks LLP

You Wouldn’t Ask Your Barber To Clean Your Teeth – Hire A Trade Secret Litigator For Trade Secret Litigation

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Trade secret litigation in California state and federal courts involves unique procedures and strategies not present in general employment or commercial litigation. Attorneys experienced and well versed in this specialized...more

McGlinchey Stafford

The ABCs of Employee Theft [More With McGlinchey Ep. 7]

McGlinchey Stafford on

Workplace theft can run the gamut from office supplies to petty cash to trade secrets. In this episode of “More with McGlinchey,” Labor and Employment attorney Camille Bryant and Dan Plunkett of the Commercial Litigation and...more

Troutman Pepper

Seven Steps to Address Trade Secret Misappropriation by Whistleblowers

Troutman Pepper on

“The immunity provision of the Defend Trade Secrets Act creates serious risk for companies: A whistleblower could expose a company to civil and criminal penalties stemming from the company’s alleged misconduct and...more

Robinson & Cole LLP

IP+T: Intelligence Newsletter - Q4 2019

Robinson & Cole LLP on

When Trade Secrets or Confidential Business Information Are Stolen, Can You Recover Pre-Judgment Interest in Massachusetts? If your company’s confidential business information or trade secrets are stolen, in Massachusetts you...more

Rumberger | Kirk

Top Secret: How to Successfully Build a Trade Secrets Case

Rumberger | Kirk on

“For injunctive relief, a practitioner must establish irreparable harm to the client caused by the misappropriation of the trade secrets. Irreparable harm can come in many forms, with reputational harm and loss of goodwill...more

Knobbe Martens

CardiAQ - An IP Success Story

Knobbe Martens on

At the recent ACC-Socal Double Header Event, Knobbe Martens presented, "CardiAQ - An IP Success Story." ...more

Orrick - Trade Secrets Group

In The Ninth Circuit, Your Fate (And Documents) May Not Be Sealed

Orrick - Trade Secrets Group on

Judge Vince Chhabria of the Northern District of California handed down a strongly worded order denying a motion to seal alleged trade secret information, and sanctioning counsel for defendant for the frivolous request. ...more

Morrison & Foerster LLP

Overcoming Bad Evidence: Lessons From Waymo V. Uber Trial

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One piece of “bad” evidence (or evidence that simply looks bad) can sink a client at trial. How do you neutralize the evidence before the judge and keep the jury sympathetic to your client when there is evidence that, at...more

Orrick - Trade Secrets Group

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

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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

Seyfarth Shaw LLP

Report on Sedona Conference on Trade Secrets

Seyfarth Shaw LLP on

On December 6-8, the inaugural Sedona Conference on trade secrets took place in Scottsdale, Arizona. The invitation-only conference brought together outside counsel, in-house counsel, and experts to have an in-depth...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

Brooks Pierce

Defending A Former Employee On a Non-Compete Or For Misappropriation Of Trade Secrets? Read This.

Brooks Pierce on

Do you really have to rush to Court to obtain an injunction for a misappropriation of trade secrets? Maybe not. But for an injunction enforcing a non-compete agreement, maybe yes. ...more

Locke Lord LLP

[Webinar] Strategies for Adapting to the Defend Trade Secrets Act (DTSA) - Impact on Business and Litigation Strategies - Jan....

Locke Lord LLP on

Please join us for an informative live webinar that will explore the ramifications of the expanded Federal court jurisdiction under the DTSA, some of the latest cases decided under the DTSA; strategies for filing such cases;...more

Foley & Lardner LLP

Dealing With Trade Secret Thieves: Strategies for Cost-Effective Settlement

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Trade secret thieves are almost always an employee or business associate. They are known, generally held the trust of the business, and are perceived as traitors. The urge for retribution against such trade secret thieves can...more

Orrick - Trade Secrets Group

Virtual Learning: The Scope of Preemption Under the California Uniform Trade Secrets Act

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Companies seeking protection under the California Uniform Trade Secrets Act (“CUTSA”) should consider the effects of CUTSA preemption on their litigation strategy. Under the well-known Silvaco Data System v. Intel Corporation...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

Gray Reed on

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

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