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Fourth Circuit: Confidentiality Agreements Are Sufficient to Plead ‘Reasonable Measures’ Under DTSA

The Fourth Circuit reversed a district court’s dismissal of a trade secret misappropriation claim under the Defend Trade Secrets Act (DTSA) where the district court concluded that a company did not plausibly allege that it...more

Car Shipper’s Federal — But Not State — Trade Secrets Claims Survive in Alleged Cross-Border Undercutting Scheme

Montway LLC is an Illinois-based leading automotive-transport broker that assists customers with transporting their vehicles across the country to alleviate them of the burden of driving those vehicles themselves....more

Court Lets BDO’s Trade Secrets Lawsuit Against Ankura Move Forward

The plaintiff, BDO USA, P.C. is an accounting and professional services advisory firm. The defendants are Ankura Consulting Group, LLC, Ankura’s CEO Kevin Lavin, and Phuoc Vin Phan....more

Wu Tang’s ‘Shaolin’ Album: Court Lets Trade Secret Case Proceed

Wu-Tang Clan produced a single physical copy of the album “Once Upon a Time in Shaolin,” which was never publicly released. In 2015, Martin Shkreli purchased the album....more

Court Allows Biohaven and Yale’s Trade Secret Claims to Proceed in MODA Technology Dispute

Dr. David Spiegel, a Yale University professor, developed a new approach to targeted protein degradation using MODA technology (bi-functional synthetic molecules for degrading extracellular proteins)....more

DTSA Statute of Limitations and Reasonable Diligence in Employee Trade Secret Misappropriation Claims

The court held that the statute of limitations began to run from the date when a former employee produced confidential company financial during discovery in an unrelated matter, and not from the earlier date when the former...more

Court Upholds Gilks’ Trade Secrets in Fly Boatworks Dispute

This case is an important reminder that in trade secrets litigation, the specific business context is critically important and may be outcome determinative. Here, a closely held business was held to a much more lenient...more

Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that...more

Fourth Circuit Rules that State Health Plans Must Cover Gender-Affirming Care

Last week, the US Court of Appeals for the Fourth Circuit issued a decision holding that state health care plans in North Carolina and West Virginia must cover gender-affirming surgeries. A copy of the decision, Kadel v....more

2023 Trade Secrets End of Year Report

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

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