The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure...more
If the secrecy of certain confidential information is compromised, it may lose its status as a trade secret. Courts will not recognize information as a trade secret if it has become generally available, is commonly used...more
Understanding the definition of a trade secret under federal law is crucial for businesses looking to protect their valuable information. Trade secrets are also defined by state law. While there is no single, universal...more
In the world of business, safeguarding your company’s valuable information is crucial to maintaining a competitive edge. One of the most important assets a company can have is its trade secrets. But what exactly are trade...more
As generative AI continues to be a hot topic in board rooms and an unavoidable reality on the front lines of business, leaders must make informed decisions when choosing AI vendors. The integration of AI into your operations...more
8/27/2024
/ Artificial Intelligence ,
Compliance ,
Confidential Information ,
Corporate Counsel ,
Data Security ,
Due Diligence ,
Incident Response Plans ,
Machine Learning ,
Privacy Laws ,
Risk Management ,
Vendors
Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case...more
Do you need to have a contract to bring a trade secret claim? No. Arkansas law protects trade secrets whether there is a contractual agreement to protect them or whether no such written agreement exists...more
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 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
3/13/2024
/ Confidential Information ,
Disclosure ,
Former Employee ,
Intellectual Property Protection ,
Misappropriation ,
Preliminary Injunctions ,
Reputational Injury ,
Restraining Orders ,
Trade Secrets ,
Trial Court Orders ,
Unfair Competition ,
Uniform Trade Secrets Acts
Are customer/client lists protectable trade secrets in Arkansas?
It depends. Answering this question involves looking closely at the facts and circumstances of each situation. There is some case law examining the legal...more
Case law informs the definition of “trade secret” which assists us as we prospectively counsel clients and litigate trade secret cases. In addition to the statutory definitions of “Trade Secret” that control what’s included...more
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