News & Analysis as of

Uniform Trade Secrets Acts Computer Fraud and Abuse Act (CFAA)

Dorsey & Whitney LLP

Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink...

Dorsey & Whitney LLP on

Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more

ArentFox Schiff

Maryland Court Rejects Tech Company’s Ask For Affirmative Summary Judgment Against Former Employee Charged With CFAA Violations

ArentFox Schiff on

Earlier this month, the US District Court for District of Maryland denied a partial motion for summary judgment in a case filed by Infotek Corporation against Mr. Dwight Preston, a former employee. See Infotek Corp v....more

Porter Hedges LLP

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

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Federal Court Rejects Employer’s Trade Secret and Computer Fraud and Abuse Act Claims

Seyfarth Shaw LLP on

An ex-employee’s former employer sued him for alleged violations of the Kansas Uniform Trade Secrets Act (KUTSA) and the federal Computer Fraud and Abuse Act (CFAA). The first claim was based on the company’s hunch that he...more

Foley & Lardner LLP

An Employee Stole Your Trade Secrets but You Cannot Prove It. Now What?

Foley & Lardner LLP on

Consider the following, relatively uncommon scenario: an employee stole your trade secrets and went to work for a competitor. You know the employee did it, you just cannot prove it. Even with the best forensic analysis it is...more

Carlton Fields

10 Tips for Minimizing Company Liability for Terminating Employees who Steal Trade Secrets

Carlton Fields on

When your company uncovers evidence that an employee misappropriated trade secrets it must act swiftly. The company may want to fire the employee to protect itself from the potentially devastating consequences. But how can...more

Carlton Fields

Decisions Highlight Split In Application Of Computer Fraud And Abuse Act

Carlton Fields on

Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more

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