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Trade Secrets › Preemption

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 -
Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

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The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Seyfarth Shaw LLP

Recent Federal Court Ruling Refuses to Expand the Scope of Georgia Trade Secret Act’s Preemption Clause

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It is well established that the Georgia Trade Secret Act (“GTSA”) includes a preemption clause holding that the Act “supersede[s] conflicting tort, restitutionary, and other laws of this state providing civil remedies for...more

Dorsey & Whitney LLP

CBD Pain Cream Producer Feels the Pain from Dismissal of its Trade Secrets Claims for Lack of Misappropriation Evidence

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A federal magistrate judge in the United States District Court for the Southern District of Florida, in a trade secrets dispute involving CBD-based pain cream, recently granted summary judgment in favor of all but one...more

Hicks Johnson

A Guide to Texas Trade Secret Laws

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What companies need to know as disputes grow larger, more frequent - Given the primacy of technology to the operation of the global economy, it should come as no surprise that jury awards in trade secret disputes are...more

Morris James LLP

Chancery Finds That Delaware’s Trade Secrets Statute Preempts Unjust Enrichment Claim for Same Alleged Misconduct

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250ok, Inc. v. Message Sys., Inc., C.A. No. 2020-0588-JRS (Del. Ch. Jan. 22, 2021) - This decision clarifies the scope of preemption of common law claims under the Delaware Uniform Trade Secret Act (“DUTSA”). Plaintiff...more

Proskauer - California Employment Law

California Employment Law Notes - November 2020

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Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” - Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) - Allstate terminated Michael Tilkey, a 30-year employee who sold life...more

International Lawyers Network

Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy

International Lawyers Network on

We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one hand, we have a national and...more

Epstein Becker & Green

Managing Employee Mobility Today: Are You Succeeding or Scrambling? - Take 5 Newsletter

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The 2019 legal landscape of employee mobility continues to evolve, at times drastically. Courts and legislatures are giving increased scrutiny to employers’ claims to protect the confidentiality of their trade secrets and...more

Holland & Knight LLP

The UTSA and Preemption of Other Claims - A Trade Secret Claim By Any Other Name (Usually) Does Not Smell So Sweet

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In drafting initial pleadings, some litigators assert every cause of action that could possibly fit the facts, so as to protect their clients from every angle. This approach requires extra care when one of the claims arises...more

Seyfarth Shaw LLP

5th Circuit Provides Guidance On The Scope Of Louisiana Uniform Trade Secrets Act’s Preemption Provision

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It is well known that courts interpreting their respective states’ versions of the Uniform Trade Secret Act (“UTSA”) have not uniformly applied UTSA’s preemption provision....more

Orrick - Trade Secrets Group

One Step Away From Uniform: Taking A Closer Look At Massachusetts’ New Trade Secrets Law

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As we reported in August, Massachusetts became the penultimate state to enact the Uniform Trade Secrets Act (UTSA), leaving New York as the sole remaining holdout. Massachusetts’ new law, which took effect October 1, 2018,...more

Morris James LLP

Court Of Chancery Enforces Agreement To Waive Corporate Opportunity Claims

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Alarm.Com Holdings Inc. v. ABS Capital Partners Inc., C.A. 2017-0583-JTL (June 15, 2018) - Under 8 Del C. Section 122(17) a corporation may waive any claim that a corporate opportunity was wrongfully taken by a fiduciary....more

Winstead PC

Federal Court Dismisses Breach of Fiduciary Duty Claim Because It Was Preempted By The Texas Uniform Trade Secret Act

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In Embarcadero Techs., Inc. v. Redgate Software, Inc., four employees left their employer and began working at a new company. No. 1:17-cv-444-RP, 2018 U.S. Dist. LEXIS 1902 (W.D. Tex. January 5, 2018). ...more

Orrick - Trade Secrets Group

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

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AFS, a company specializing in streamlining shipping costs and logistics, had its eight count amended complaint streamlined to only one—its Tennessee Uniform Trade Secrets Act (“TUSTA”) claim—primarily due to preemption and...more

Winstead PC

Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim

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In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and...more

Seyfarth Shaw LLP

California Federal Court Finds CUTSA Preemption on Unfair Competition Claim in Uber Row

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Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more

Snell & Wilmer

Glimmers of Justice Gorsuch’s Prospective IP Jurisprudence

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On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia. While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret,...more

Orrick - Trade Secrets Group

Misappropriation Versus the Copyright Act: Round 2 in the Fifth Circuit

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A few months ago, Trade Secrets Watch covered the GlobeRanger Corp. case in which the Fifth Circuit joined 10 other circuits in determining that the Copyright Act does not preempt state trade secret misappropriation claims....more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

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Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

McDermott Will & Emery

Federal Copyright Law Does Not Preempt Trade Secret Claim

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Addressing issues of preemption, the US Court of Appeals for the Fifth Circuit affirmed the district court’s decision that federal copyright law did not preempt the plaintiff’s trade secret claim because trade secret claims...more

Fish & Richardson

Federal Copyright Preemption of State Law Claims – Still a Powerful Defense Tool in Commercial Litigation

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Recently our colleagues Natalie Arbaugh and Rex Mann discussed the Fifth Circuit’s decision in GlobeRanger Corp. v. Software AG USA, Inc., 2016 WL 4698270 (5th Cir., Sept. 7, 2016), focusing on the Court’s discussion of the...more

K&L Gates LLP

Environmental Policy Quarterly

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Welcome to the Fall 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources and the Public Policy and Law Practice Groups of K&L Gates. Environmental Policy Quarterly...more

WilmerHale

Copyright and Trademark Case Review: The Slants, The Sims and SCAR Rifles

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Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies Washington Redskins' Petition to Join Proceedings - Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies...more

Bradley Arant Boult Cummings LLP

Landmark Reform of Federal Chemicals Law Will Significantly Impact Chemical Manufacturers and Users

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On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety Act for the 21st Century Act (“Lautenberg Act”), a sweeping and historic overhaul of our nation’s primary chemical management law, the...more

Spilman Thomas & Battle, PLLC

The Saga of Pennsylvania's Act 13 Comes to an End

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With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more

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