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How Your Trade Secret Could Help to Defend Against Claims of Patent Infringement

For companies that need to protect their valuable intellectual property, the choice between trade secret and patent protection can be a difficult one. There are benefits to either approach...more

I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation

A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management before filing a trade secret lawsuit, and also highlights some important...more

An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA

Federal courts remain split on whether the Defend Trade Secrets Act (DTSA) allows for trade secret misappropriation claims brought under a theory of inevitable disclosure. Given this current patchwork of treatment of...more

Open Question: Use of Stolen Trade Secrets May or May Not Qualify as a Predicate Act Under RICO

Since the passage of the Defend Trade Secrets Act (DTSA), trade secret owners have been able to use allegations of trade secret misappropriation under the DTSA to support civil claims under the Racketeer Influence and Corrupt...more

Trade Secret Misappropriation Not Sufficiently Plead Where Defendant Possessed but did Not Threaten to Disclose Trade Secret...

Last year, the U.S. District Court for the Southern District of New York addressed an issue of first impression concerning what constitutes “misappropriation” under the Defend Trade Secrets Act (DTSA) in a decision...more

Fast Track to Justice for Trade Secret Theft at the ITC: New Senate Bill Would Expand ITC Authority to Curtail Trade Secret Theft...

Amid the continuing threat to U.S. intellectual property rights posed by foreign actors, the International Trade Commission (ITC) is poised to become the latest federal agency to bolster protections for U.S. IP owners. The...more

Fact-Specific Inquiry: Deciding Between Trade Secret and Patent Protection

Innovations that are eligible for patent protection are often vital to a company’s revenue stream and profitability, but in some cases, opting for trade secret protection is a better strategic choice. Although some types...more

Rules Of Engagement: Minimizing Trade Secret Disputes When Hiring Rival Employees

When companies consider bringing a new employee on board, the applicant’s prior experience is usually a significant factor in the decision-making process. If the prospective employee is coming from a rival company, ensuring...more

Playing Fair: Protect Trade Secrets from Business Partners

Collaborating with other companies on new products, services, and promotions can help businesses boost revenue and increase their visibility, but one downside of such projects is the possibility of exposing trade secrets to...more

Workplace Confidential: Preventing Former Employees from Using Your Trade Secrets

Most trade secret cases involve allegations that a former employee is using a company’s confidential information at a new job or their own business. Given that reality, and the workforce disruptions caused by the coronavirus...more

Danger on the Horizon: Detecting Early Signs of Trade Secret Theft by Competitors

Trade secrets are typically associated with a company’s most profitable products and services, and maintaining control of critical confidential information is often essential to a company’s revenue stream and continued...more

Keeping (Trade) Secrets Amid a Reduction in Force

With the US economy officially in a recession as of June and business closures continuing due to rising coronavirus infection rates, more companies may need to conduct layoffs in the coming months. Although discharging...more

Playing Keep-Away: Protecting Your Trade Secrets in a Remote Work Environment

Companies across the United States quickly rolled out remote work arrangements in response to the COVID-19 health crisis, and as virus caseloads continue to climb, the trend is likely to continue. As working off-site becomes...more

Don’t Get Schooled: What You Can Learn from the Wave of Trade Secret Cases That Followed the 2007-2008 Financial Crisis

The sharp upswing in trade secret litigation triggered by the global financial crisis of the late 2000s taught companies some hard lessons about trade secret theft and disputes. Although we’re already immersed in a new...more

The Trade Secret Seesaw: After the Economy Goes Down, Cases Go Up

An economic downturn usually leads to a rise in trade secret theft and litigation, and conditions are ripe for a major surge in cases from the current slump, given widespread job losses and companies’ embrace of remote...more

Steps Your Company Should Consider Now to Protect Value with a Wave of Trade Secret Litigation on the Horizon Due to COVID-19...

The coronavirus pandemic has created profound changes to how many Americans do their work, with an outsized number now working from home. This arrangement, while necessary given social distancing requirements and the...more

Federal Judge Confirms that Federal Trade Secret Statute Applies to Misappropriation that Occurs Overseas

Earlier this month, a Northern District of Illinois jury returned a verdict in favor of Motorola for over $700 million after a trial in which Motorola alleged that Hytera hired three engineers away from Motorola’s Malaysian...more

Criminal Statute for Organized Crime Now Available to Combat Trade Secret Theft – But What is an Act of Trade Secret Theft under...

The DTSA standing alone provides significant recourse for trade secret owners who have fallen victim to trade secret theft. Apart from the protection provided by the DTSA itself, however, the statute also allows trade secret...more

Massachusetts Adopts Uniform Trade Secrets Act

On October 1, 2018, Massachusetts will become the 49th state to adopt a version of the Uniform Trade Secrets Act. The version of the UTSA that Massachusetts will adopt bears notable similarities to the Defend Trade Secrets...more

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more

International Trade Commission Becomes Even More Potent Venue for Victims of Trade Secret Misappropriation

Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those...more

DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft

The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret. Specifically,...more

DTSA and Ex Parte Seizure – Lessons From The First Ex Parte Seizure Under The DTSA

The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals...more

The DTSA and Inevitable Disclosure

A recent decision in the Northern District of Illinois gave life to the inevitable disclosure doctrine under the Defend Trade Secrets Act. Inevitable disclosure is a common law doctrine by which a court can prevent a former...more

Failure to Explain Why Misappropriated Information is a Trade Secret May Lead to Dismissal of a DTSA Complaint With Prejudice

A recent decision in the Western District of Kentucky highlights the importance of explaining in a complaint under the Defend Trade Secrets Act why the allegedly misappropriated information qualifies for trade secret...more

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