Both the federal Defend Trade Secrets Act of 2016 (“DTSA”) and Pennsylvania Uniform Trade Secrets Act (“PUTSA”) provide that a defendant may recover its attorneys’ fees if it demonstrates that a claim for misappropriation of...more
Plaintiff Fujikura Composite America, Inc. (“Fujikura”) is one of the most prominent golf club shaft designers and manufacturers. Per Fujikura, in the 2022-2023 PGA Tour season, half of all PGA tournaments were won by a...more
In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our...more
On October 12, 2023, the Wisconsin legislature introduced Assembly Bill 481, which proposes the ban of employee non-compete agreements in the Badger State. Currently, employee non-compete agreements in Wisconsin are allowed...more
11/2/2023
/ Competition ,
Confidential Information ,
Contract Terms ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Restrictive Covenants ,
Trade Secrets
Earlier this month, plaintiff Bright Side, LLC dba Herbal Edibles, a manufacturer of cannabis edibles, filed a lawsuit in New Mexico state court to enforce a 3-year non-compete and enjoin the misappropriation of its trade...more
The Illinois Trade Secrets Act (“ITSA”), which is consistent with both other states that have adopted the Uniform Trade Secrets Act and the federal Defend Trade Secrets Act, allows the recovery of attorneys’ fees for a party...more
Consistent with many jurisdictions which have adopted the Uniform Trade Secrets Act, Delaware’s version expressly preempts common law claims based on the misappropriation of trade secrets. See 6 Del. C. § 2007. In a recent...more
2020 brought with it a bevy of new challenges for companies of all sizes in every industry, not the least of which was protecting trade secrets and confidential information in the face of newly remote workforces. 2021 brings...more
In a decision of first impression issued last week, the United States District Court for the Western District of Tennessee held, in Gus’s Franchisor, LLC v. Terrapin Restaurant Partners, LLC, that the COVID-19 pandemic did...more
9/9/2020
/ Civil Contempt Orders ,
Coronavirus/COVID-19 ,
First Impression ,
Franchise Agreements ,
Franchisee ,
Infectious Diseases ,
Intellectual Property Protection ,
Permanent Injunctions ,
Proprietary Information ,
Restaurant Industry ,
Trade Secrets ,
Trademarks ,
TRO
Tens of millions of employees have been laid off or furloughed as a result of the COVID-19 pandemic. Now that the reopening process has begun in most states, many of those employees are being rehired and reactivated. ...more
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
On May 13, 2020, the Federal Bureau of Investigation (FBI) and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) issued a joint Public Service Announcement (PSA) about a threat to...more
5/19/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Management ,
Data Protection ,
Educational Institutions ,
FBI ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Information Technology ,
Intellectual Property Protection ,
Popular ,
Property Theft ,
PSA ,
Scientific Research ,
Trade Secrets
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
We have previously written about the effects of COVID-19 on the way we currently work, as well as how businesses need to adapt to protect their trade secrets, customer goodwill, and other interests. ...more
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
Imagine this scenario: You are the general counsel of a company in a particularly competitive industry. A key company employee who has access to some of the company’s most sensitive information has been working remotely for...more
4/14/2020
/ Administrative Proceedings ,
Cease and Desist Orders ,
Coronavirus/COVID-19 ,
Courthouses ,
Discovery ,
Forensic Examination ,
Forum ,
Injunctions ,
Intellectual Property Protection ,
Judicial Proceedings ,
Restrictive Covenants ,
Trade Secrets
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
When the COVID-19 crisis hit the United States (indeed, before it was even considered a “crisis” here), we provided tips for protecting a company’s trade secrets in the event employees were permitted to work from home. In the...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
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
On February 25, 2020, Plaintiff Mustard Girl LLC (“Mustard Girl”), an award-winning mustard manufacturer, filed a lawsuit in the Circuit Court of Cook County for damages against its former co-packing partner, Olds Products...more
In Seyfarth’s second installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys J. Scott Humphrey and Marcus Mintz focused on trade secret and client relationship considerations in the banking and financial...more
On February 21, 2019, the New Hampshire Senate, in a bipartisan voice vote and without debate, passed Senate Bill 197, which would prohibit employers from requiring low-wage workers to enter into non-compete agreements, and...more
2/27/2019
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Legislative Agendas ,
Low-Wage Workers ,
Non-Compete Agreements ,
Pending Legislation ,
Popular ,
Restrictive Covenants ,
State and Local Government ,
Trade Secrets ,
Unenforceable Contract Terms