At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more
8/11/2020
/ Acquisitions ,
Brand ,
Breach of Contract ,
Business Model ,
Business Strategies ,
Business Valuations ,
Celebrity Endorsements ,
Confidential Information ,
Cosmetics ,
Distributors ,
Injunctions ,
Injunctive Relief ,
Intellectual Property Protection ,
Manufacturers ,
Marketing ,
Misappropriation ,
Partnerships ,
Proprietary Information ,
Suppliers ,
Trade Secrets ,
Unfair Competition ,
Uniform Trade Secrets Acts
The “return to normal” in courts across the country has brought with it a flurry of trade secrets decisions that address some interesting and instructive issues, both procedurally and substantively....more
As we previously reported, CBD company Healthcare Resources Management Group, LLC (Healthcare Resources) filed an action in the US District Court for the Southern District of Florida claiming trade secret misappropriation by...more
On April 16, 2020, the White House issued its “Guidelines for Opening Up America Again,” and several states have begun a slow process of emerging from the shutdown....more
One of the first things a company should do when it suspects that its trade secrets have been compromised or that an employee has violated post-employment restrictive covenants is to conduct an investigation. ...more
4/20/2020
/ Confidential Information ,
Data Security ,
Electronically Stored Information ,
Forensic Examination ,
Information Technology ,
Intellectual Property Protection ,
Investigations ,
Misappropriation ,
Remote Working ,
Restrictive Covenants ,
Risk Management ,
Trade Secrets
As a result of the COVID-19 crisis, and the effective shut down of most of the US economy over the past several weeks (and for the foreseeable future), many companies are currently hemorrhaging cash, others may be temporarily...more
As we previously reported, as a result of the COVID-19 crisis, courts across the country are adjourning most appearances, including trials, and hearing only “emergency matters,” often by teleconference or other remote...more
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
In the world of trade secret and restrictive covenant litigation, time is often of the essence. Clients need to take immediate steps to prevent the harm that flows from the misappropriation of confidential information....more
As we previously reported, on February 18, 2020, Medterra CBD (“Medterra”) filed a motion to dismiss a lawsuit alleging that it had misappropriated Healthcare Resources Management Group LLC’s (“Healthcare Resources”)...more
On February 18, 2020, Medterra CBD filed a motion to dismiss a lawsuit alleging that it had misappropriated Healthcare Resources Management Group LLC’s (“Healthcare Resource”) proprietary formula for a CBD cream aimed at...more
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
The Financial Industry Regulatory Authority (FINRA) recently issued some expectations/guidance to industry members on FINRA’s expectations when a broker leaves for another firm....more
4/29/2019
/ Brokers ,
Confidential Information ,
Financial Industry Regulatory Authority (FINRA) ,
Former Employee ,
Intellectual Property Protection ,
Investment Firms ,
Investment Management ,
Misappropriation ,
New Guidance ,
Policies and Procedures ,
Trade Secrets
After being slapped with a post-trial judgment last April totaling $2.2 million for misappropriation of confidential and proprietary information, two Wyoming bank executives were named in an unprecedented “Notice of Intent to...more
3/14/2019
/ Banks ,
Breach of Duty ,
Confidential Information ,
Criminal Conspiracy ,
Federal Reserve ,
Fiduciary Duty ,
FSB ,
Misappropriation ,
Orders of Prohibition ,
Post-Trial Order ,
Proprietary Information ,
Trade Secrets
The Vermont Legislature kicked off 2019 with bill H.1, seeking to ban non-competes in the Green Mountain State. The new bill has been filed by Martin LaLonde, who promulgated an identical bill last January. ...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
A Massachusetts Federal Court recently enjoined the former Director of Research and Development and Quality Assurance of National Fish & Seafood, Inc. (“National Fish”) from working for a competing seafood supplier based in...more
9/21/2018
/ Employee Handbooks ,
Employees ,
Employment Litigation ,
Employment Policies ,
Fishing Industry ,
Intellectual Property Protection ,
Material Dissemination ,
Misappropriation ,
Proprietary Information ,
Terms and Conditions ,
Trade Secrets
This week, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session....more
8/3/2018
/ Choice-of-Law ,
Confidential Information ,
Employees ,
Employment Contract ,
Exempt-Employees ,
Garden Leave ,
Hiring & Firing ,
Independent Contractors ,
Intellectual Property Protection ,
Legislative Agendas ,
Misappropriation ,
Non-Compete Agreements ,
Pending Legislation ,
Reformation ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
UTSA ,
Venue
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
In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more
12/15/2017
/ Breach of Contract ,
Copyright ,
Copyright Infringement ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Intellectual Property Litigation ,
Misappropriation ,
Restrictive Covenants ,
Tortious Interference ,
Trade Dress ,
Trade Secrets ,
Trademark Infringement ,
Unfair Competition ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
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
Last Friday, on January 20, 2017, the Massachusetts Legislature began its annual tradition of attempting to promulgate non-compete and trade secret reform in the Commonwealth. A new bill has been filed by the same legislators...more
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