News & Analysis as of September 20, 2024

Intellectual Property Protection

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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 -

Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most...

UB Greensfelder LLP on 8/21/2024

*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets...more

Your Trade Secret IP Stands Between You and Your Competition. The September 4, 2024 FTC Rule Bans Most Non-Competes. Has the FTC...

UB Greensfelder LLP on 8/19/2024

Trade secrets exist, by definition, only if the owner takes reasonable measures to maintain their secrecy. This is true under the Federal, State and Uniform Trade Secret Acts. Companies have traditionally used...more

Virginia: Trade Secret Plaintiffs Must Prove Unjust Enrichment Damages

Faegre Drinker Biddle & Reath LLP on 8/8/2024

The Virginia Court of Appeals reversed a $2 billion jury award for trade secret misappropriation under the Virginia Uniform Trade Secrets Act (VUTSA). The appellate court found error in the jury instruction for unjust...more

What Can You Get When You Sue for Trade Secret Violations?

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/5/2024

Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq....more

Are Certain Claims Prevented When Bringing a Trade Secret Claim?

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/22/2024

Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/23/2024

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

Who Can be Held Accountable for Misappropriation of Trade Secrets?

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/10/2024

Who can be held accountable for misappropriation of Trade Secrets? The Arkansas Uniform Trade Secrets Act answers this question, explaining that the following may be liable for trade secret misappropriation: Individuals....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

How to Protect Trade Secrets: Taking Reasonable Efforts to Maintain the Secrecy of Information

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/20/2024

How do you protect trade secrets? You take reasonable efforts to maintain the secrecy of the information. As we have outlined in prior installments of this series, taking reasonable efforts to maintain secrecy is a key issue...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

What is the Definition of "Trade Secret" Under Arkansas Law?

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/21/2024

The Arkansas civil and criminal statutes referenced in our prior blog posts on the subject each have their own definition of what constitutes a trade secret. The applicable definitions are highlighted below....more

What Laws Protect Trade Secrets in Arkansas?

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/31/2024

Businesses are built through hard work and significant investment. One of the most significant investments, and thus greatest assets to a business, is the investment of time and resources in its people. Protecting that...more

How Should Litigators Establish Evidence in Trade Secret Cases? Part One: Liability

Hicks Johnson on 4/12/2023

In recent years, juries have returned verdicts in trade secret disputes of $2.04 billion, $570 million, $152 million, and $105 million. The enormity of these verdicts reflect the importance the modern economy places on trade...more

The Four Things that Companies Need to Know About Protecting Trade Secrets

ArentFox Schiff on 12/8/2022

Protecting trade secrets is critical for any company. Being proactive and consistent is the best way to keep your company’s secrets safe. Keeping Your Trade Secrets Secret - It is critical for new businesses (and...more

Commercializing Your Startup's Big Secret Without Losing Its Value

Holland & Knight LLP on 7/19/2022

Congratulations! Your startup is developing a revolutionary product or service that has the potential to transform an industry. Whatever the nature of that new product or service, at its core is an innovation – perhaps an...more

Legal Protection for the Software Arts — Part 9

Kidon IP on 7/5/2022

A widely used method of software protection is through trade secret law under the Economic Espionage Act (EEA) (18 U.S.C. §§ 1831-1839), which was enacted in 1996 and significantly amended on May 11, 2016, by the Defend Trade...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

Federal Court Issues Summary Judgment in Favor of Retail Defendant in Alleged Trade Secret Misappropriation of a CBD Cream Formula

Seyfarth Shaw LLP on 12/1/2021

A federal district court recently issued summary judgment in favor of a retail defendant in a trade secret misappropriation case involving the alleged misappropriation of a CBD cream formula. On September 3, 2020, Healthcare...more

Protecting Against the Risk of Trade Secret Exposure Arising from Biotech Industry Collaboration

Fisher Phillips on 9/8/2021

Biotechnology companies in the healthcare/pharmaceutical realm are in an exceptionally competitive field, with many companies competing against each other for a chance to market similar innovative therapeutics. These...more

Cannabis Baker’s Plans of Own Business Potentially Put On Backburner

Seyfarth Shaw LLP on 8/30/2021

Earlier this month, plaintiff Bright Side, LLC dba Herbal Edibles, a manufacturer of cannabis edibles, filed a lawsuit in New Mexico state court to enforce a 3-year non-compete and enjoin the misappropriation of its trade...more

Striking the Balance Between Detailed Description and Unnecessary Disclosure of the “Secret” in Trade Secret Litigation Pleadings

Sheppard Mullin Richter & Hampton LLP on 6/28/2021

When filing a claim for trade secret misappropriation under the Defend Trade Secrets Act (DTSA) or a state’s Uniform Trade Secrets Act (UTSA), it is essential to strike the proper balance between sufficiently describing an...more

Happy Anniversary, DTSA: The Defend Trade Secrets Act At Five

Morrison & Foerster LLP on 5/26/2021

On May 11, 2016, the Defend Trade Secrets Act (“DTSA”) was signed into law with sweeping bipartisan support, passing unanimously in the Senate, and by a vote of 410-2 in the House. In the current political climate, passing...more

Patent And Trade Secret Protection Of Inventions: 5 Things To Remember On The 5th Anniversary Of The Defend Trade Secrets Act

Porter Hedges LLP on 5/13/2021

Just five years ago, on May 11, 2016, President Obama signed the Defend Trade Secrets Act (the “DTSA”). This important legislation created a new, federal civil cause of action for trade secret misappropriation. The DTSA...more

A Guide to Texas Trade Secret Laws

Hicks Johnson on 3/31/2021

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

Failing To Take Proper Precautions, Hooked Media Lets Trade Secret Misappropriation Claim Off the Hook

Proskauer - Minding Your Business on 3/9/2021

Late last year, a California appellate court reaffirmed longstanding principles that have important lessons for employers hoping to prevent their employees from taking trade secrets with them if they leave to work for a...more

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