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Pleading “Sufficient Particularity”: Technical Trade Secrets Require More

It’s common sense that, to protect a trade secret, the information must remain secret. However, when trade secret misappropriation claims arise and litigation ensues, the court and the parties involved need to understand at...more

Global Reach: U.S. Federal Rules Provide Assistance for Discovery in Foreign Matters

Imagine the following scenario: Your company has filed several lawsuits around the world, all concerning generally the same subject matter, but against different parties because of jurisdictional limitations. The litigation...more

Two Wrongs Don’t Make a Right – Trade Secrets Saga Concludes With No Damages Awarded

On Wednesday, a federal jury in the Eastern District of Texas declined to award any damages to Huawei Technologies Co., the world’s largest telecommunications company, stemming from its allegations of trade secret theft,...more

Courts Still Heavily Favor Rule 65 TROs Over DTSA Ex Parte Seizures

The Defend Trade Secrets Act of 2016 was signed into law by President Obama on May 11, 2016. While the DTSA has been on the books for over a year, relatively few courts have addressed the ex parte seizure provision and even...more

Growing Small Satellite Market Spawning Litigation

Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more

Sparks Fly in Ninth Circuit’s Nosal II Opinion

As many loyal TSW readers know, we’ve been watching the ongoing saga involving ex-Korn Ferry recruiter David Nosal wind its way through the courts since the early days of this blog. And last month, the highly anticipated...more

Federal Law or Another False Alarm? Senate Passes the Defend Trade Secrets Act of 2016 87-0. 

Relief may soon be coming for trade secrets plaintiffs longing for federal court. Last year we covered the introduction of the Defend Trade Secrets Act (DTSA), compared it to the Uniform Trade Secrets Act (UTSA), and...more

Trade Secrets in the Fast Lane – Formula One and the Importance of Trade Secret Protection

“For a competition to be friendly, it should be scrupulously fair.” The Formula One world was recently jolted by allegations that a former Mercedes-Benz AMG engineer took highly-confidential information in anticipation of...more

Trade Secrets Protected From Disclosure Under FOIA…Except For When They Aren’t

We have previously reported about protecting trade secrets from disclosure after a FOIA request. There is something to be said for immediate action and intervening to protect your trade secrets, but sometimes that just isn’t...more

The New Space Race: Protecting Trade Secrets on the Final Frontier

Space: The final frontier. For millennia, people have wanted to explore the great unknown of outer space, and series like Star Trek and Star Wars continue to our fuel our fantasies about what lies beyond our stratosphere. ...more

DONATE, DON’T TELL? The Red Cross says it has trade secrets, upsetting activists

Can a non-profit charity have trade secrets? The Red Cross thinks so. Its claim to trade secret protection over information related to Hurricane Sandy relief efforts made headlines and left some journalists and activists...more

UPDATE: Money, Money, Money: Top 10 Trade Secret Verdicts (With Our Runner-Up Overturned)

Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too. Really big. As in multi-, multi-million dollar verdicts. And the trend is up with more than half of the top ten verdicts coming out in...more

UNMASKING BLOGGERS: Hedge Fund’s Bid To Unveil Blogger’s Identity Highlights First Amendment, Trade Secrets Clash

America’s reverence for anonymous speech is as old as the republic itself, tracing its roots to Thomas Payne’s pamphlet “Common Sense” and the Federalist Papers. But the right to speak namelessly has limits, and hedge fund...more

Christmas Edition: Trade Secrets Litigation Delayed To Save Christmas?

On Christmas, Santa and his elves have their work cut out for them and sometimes even they can use help to get their jobs done. During the holiday season, a variety of businesses assist Santa & Co. to import and distribute...more

UPDATE: Money, Money, Money: Top 10 Trade Secret Verdicts (Plus One Jumbo Arbitration Award)

Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too....more

Money, Money, Money: Top 10 Trade Secret Verdicts

Big IP verdicts aren’t limited to patent cases. Trade secrets can mean big money, too....more

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