The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more
1/27/2023
/ Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Former Employee ,
Inevitable Disclosure Doctrine ,
Injunctive Relief ,
Intellectual Property Litigation ,
Legislative History ,
Misappropriation ,
Non-Compete Agreements ,
Remedies ,
Trade Secrets
Two recent decisions by the U.S. Court of Appeals for the Third Circuit shed light on several recurrent issues that arise in trade secret litigation under the federal Defend Trade Secrets Act (DTSA) and related state acts....more
5/20/2022
/ Appeals ,
Defend Trade Secrets Act (DTSA) ,
Defense Strategies ,
Evidence ,
Federal Rules of Civil Procedure ,
IP Litigation ,
Misappropriation ,
Payment Bonds ,
Preliminary Injunctions ,
Reverse Engineering ,
Trade Secrets
When businesses share their trade secrets or confidential information with employees or third parties (a franchisee, a joint venture partner, a potential buyer, etc.), they rely on trade secret law and on non-disclosure...more
President Joe Biden on July 9, 2021, issued a wide-ranging Executive Order intended to promote competition in the American economy. Among other things, it encourages the Federal Trade Commission (FTC) to ban or limit...more
A previous post on this blog (Nov. 21, 2018) analyzed state laws that require a plaintiff suing for trade secret misappropriation to identify its alleged trade secret(s) with particularity, before discovery begins. As...more
The owner of a trade secret must take reasonable measures to keep the information secret in order to claim protection under the federal Defend Trade Secrets Act (DTSA) or state trade secrets acts. Yet, in order to conduct...more
A trade secret misappropriation claim can arise from the same facts as, and be joined with, a claim for breach of contract by the defendant, such as a breach of a covenant not to compete or breach of a non-disclosure...more
11/12/2018
/ Breach of Contract ,
Consequential Damages ,
Contract Disputes ,
Defend Trade Secrets Act (DTSA) ,
Economic Loss Doctrine ,
Misappropriation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
State Law Claims ,
Trade Secrets
It's an old aphorism that "you can't fight City Hall." Now it's time to add a related aphorism: "you can't sue the government under the federal Defend Trade Secrets Act (DTSA) for disclosing your trade secrets" – at least so...more
10/18/2018
/ Bids ,
Competition ,
Defend Trade Secrets Act (DTSA) ,
Disclosure ,
Federal Contractors ,
Government Entities ,
Intellectual Property Protection ,
Lack of Jurisdiction ,
Misappropriation ,
Private Right of Action ,
Public Records ,
State and Local Government ,
Trade Secrets