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
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
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
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
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
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
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
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
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
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
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
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
8/18/2020
/ Confidential Information ,
Coronavirus/COVID-19 ,
Intellectual Property Protection ,
Involuntary Reduction in Force ,
Layoffs ,
Restrictive Covenants ,
Risk Management ,
Severance Agreements ,
Theft ,
Trade Secrets ,
Voluntary Reduction in Force
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
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
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
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
4/17/2020
/ Competition ,
Confidential Information ,
Confidentiality Agreements ,
Cybersecurity ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Remote Working ,
Trade Secrets ,
Virtual Meetings
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
3/13/2020
/ Confidential Business Information (CBI) ,
Corporate Counsel ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Extraterritoriality Rules ,
Jury Verdicts ,
Misappropriation ,
Popular ,
RJR Nabisco v European Community ,
Trade Secrets
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
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
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
4/9/2018
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Family and Medical Leave Act (FMLA) ,
Immunity ,
Intellectual Property Protection ,
Non-Disclosure Agreement ,
Title VII ,
Trade Secrets ,
Whistleblower Protection Policies
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
1/31/2018
/ Administrative Law Judge (ALJ) ,
Defend Trade Secrets Act (DTSA) ,
Estoppel ,
Expedited Discovery ,
International Trade Commission (ITC) ,
Jurisdiction ,
Misappropriation ,
Patents ,
Section 337 ,
Trade Secrets ,
UTSA
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
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
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
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