As we have previously reported, courts across the country are adjourning most appearances, including trials, and hearing only “emergency matters” during the current COVID-19 crisis. ...more
Fear of the coronavirus is causing many employers to permit—or in some cases mandate—employees to work remotely. While this measure is designed to minimize the risk of virus transmission, it presents an altogether different...more
3/6/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Confidential Information ,
Coronavirus/COVID-19 ,
Crisis Management ,
Defend Trade Secrets Act (DTSA) ,
Emergency Management Plans ,
Employee Monitoring ,
Employee Training ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Information Security ,
Intellectual Property Protection ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Security Standards ,
Telecommuting ,
Trade Secrets ,
UTSA ,
Workplace Safety
Courts have long lamented that “computing damages in a trade secret case is not cut and dry,” Am. Sales Corp. v. Adventure Travel, Inc., 862 F. Supp. 1476, 1479 (E.D. Va. 1994), meaning that “every [trade secret] case...more
10/17/2019
/ Antitrust Violations ,
Calculation of Damages ,
Confidential Information ,
Counterclaims ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Future Royalties ,
Misappropriation ,
Permanent Injunctions ,
Trade Secrets ,
Unjust Enrichment ,
UTSA
Caramel Crisp LLC, the owner of Garrett Popcorn Shops (“Garrett”), the renowned Chicago-based purveyor of deliciously flavored popcorn, recently filed suit in federal court in Chicago against its former director of research...more
A government contractor learned the hard way that bid documents containing trade secrets are not protected from disclosure in Massachusetts. On September 21, 2018, a Massachusetts U.S. District Court judge ruled that the...more
Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more
3/8/2018
/ Aiding and Abetting ,
Attorney's Fees ,
Civil Conspiracy ,
Compensatory Damages ,
Confidential Information ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Disgorgement ,
Fraud ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Punitive Damages ,
Trade Secrets
On December 6-8, the inaugural Sedona Conference on trade secrets took place in Scottsdale, Arizona. The invitation-only conference brought together outside counsel, in-house counsel, and experts to have an in-depth...more
On Monday, January 29th, Faraday & Future Inc., the electric car manufacturer founded by Chinese billionaire and entrepreneur Jia Yueting, filed a one-count Defend Trade Secrets Act complaint against Evelozcity, Inc., an...more
The Defend Trade Secrets Act (DTSA) states very clearly that an injunction issued pursuant thereto may not “prevent a person from entering into an employment relationship,” and that any conditions placed on a former...more
7/12/2017
/ Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Employment Litigation ,
Inevitable Disclosure Doctrine ,
Injunctions ,
Intellectual Property Protection ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Trade Secrets ,
TRO
This past Spring, we reported on the recently enacted Defend Trade Secrets Act (“DTSA”), which provides a new federal civil cause of action to trade secret owners seeking to pursue claims of trade secret misappropriation. ...more
12/21/2016
/ Affirmative Defenses ,
Confidential Information ,
Conversion ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Evidence ,
Immunity ,
Misappropriation ,
Motion to Compel ,
Motion to Dismiss ,
Preliminary Injunctions ,
Trade Secrets ,
Whistleblowers