Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade Secrets and the Practical Relationship Between the Two
Zynga May Shed Light on Its Own Practices in Going After Former Employee for Trade Secrets Theft
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
Courts often require a plaintiff to identify a trade secret with reasonable particularity before commencing discovery (and it is a statutory obligation in California). But frequently a trade-secret plaintiff does not know...more
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. Due in...more
In Board of Regents of the University System of Georgia v. One Sixty Over Ninety, the Georgia Court of Appeals held recently that a state entity is not immune from trade secret claims brought under the Georgia Trade Secrets...more
Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more
From sweeping legislation to unexpected case law, and everything in between, 2018 brought a lot of changes to unfair competition law....more
The Massachusetts General Court has passed legislation that, if signed by the governor, will comprehensively reform the law governing employee noncompetition agreements and trade-secret misappropriation. If enacted, these...more
In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more
A California federal jury recently decided that Emerson Electric Company owes prefabricated module manufacturer BladeRoom Group Limited $30 million in damages for stealing trade secrets to build a massive new data center. ...more
The Democratic National Committee recently filed a lawsuit against Russia, WikiLeaks, the Trump Campaign, and a bunch of individuals (including Julian Assange, Jared Kushner, and a hacker named “Guccifer 2.0”) that includes...more
When the Defend Trade Secret Act (“DTSA”) was enacted last year, there was much debate on the remedy provision permitting the ex parte seizure of property. Such an order would not only direct the seizure of information...more
On October 31st of this year, a district judge in Massachusetts granted a motion for enhanced damages in a theft of trade secrets case, adding an additional $21 million to a $70 million jury award. The theft of trade...more
Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets...more
Addressing claims of copyright infringement and misappropriation of trade secrets, the US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s summary judgment in favor of the...more
What is Coca-Cola’s secret recipe? How does Thomas’ English Muffins get all those “Nooks & Crannies”® in its muffins? And how does Krispy Kreme make its signature lighter-than-air doughnuts? These are the type of trade...more
On April 27, 2016, the U.S. House of Representatives overwhelmingly passed the Defend Trade Secrets Act (DTSA), sending it to the White House for President Obama’s promised signature. When it is signed into law, the...more
Last week, a major federal law aimed at protecting businesses’ trade secrets overwhelmingly passed the U.S. House of Representatives and appears nearly certain to be signed into law by President Obama. The Defend Trade...more
The Senate and House passed the Defend Trade Secrets Act of 2016 (DTSA) on April 11 and April 27, 2016, respectively. President Obama previously indicated that he will sign DTSA into law. Below is a brief synopsis of DTSA's...more
Over the past decade, as companies moved into a digital world, so too moved their most valuable assets and proprietary information. As a result, the United States witnessed a significant uptick in data theft and...more
The U.S. Senate has unanimously approved a bill increasing the protections available to companies for their commercial secrets. The Defend Trade Secrets Act of 2016 (DTSA or the Act) provides for the first time a truly...more
Many startup entrepreneurs are not aware of California’s laws around the ownership of intellectual property. And for most, the concepts for products or services are the life-blood of a company’s operations and future....more
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
On December 2, 2015, the Senate Judiciary Committee held a hearing entitled “Protecting Trade Secrets: the Impact of Trade Secret Theft on American Competitiveness and Potential Solutions to Remedy This Harm.” The hearing...more
On October 5, 2015, years of protracted negotiations of the Trans-Pacific Partnership Agreement (“TPP”) concluded. The TPP is a proposed trade agreement between 12 Pacific Rim nations that lowers trade barriers such as...more
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