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Confidentiality Agreements › Breach of Contract › Intellectual Property Protection

AEON Law

Patent Poetry: Employee Confidentiality Agreements Can Be Enforced without New Consideration

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A federal court in Pennsylvania has held that a confidentiality agreement signed five months after an employee was hired can be enforced after the employee leaves even if the employee received no consideration other than...more

Knobbe Martens

Government’s Pre-Litigation Conduct Cannot Justify a Court of Claims Fee Award

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FASTSHIP, LLC v. US - Before Dyk, Wallach, and Chen. Appeal from the United States Court of Federal Claims. Summary: A Court of Claims fee award under 28 U.S.C. § 1498(a), turns on whether the government’s litigation...more

Knobbe Martens

Keeping up With the Kardashian-[Jenner]’s Trade Secret Battle

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On June 19, 2020, Kim Kardashian West’s (“Kardashian West”) company KKW Beauty, LLC (“KKW”) was sued in California Superior Court by its business partners Seed Beauty (“Seed”) alleging trade secret infringement. According to...more

Holland & Knight LLP

Summary Judgment of No Misappropriation Due to Failure to Follow Confidentiality Marking Requirements

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A recent summary judgment opinion out of the Northern District of Texas provides a good reminder to trade secret stakeholders – follow the labeling requirements set forth in your confidentiality provisions or, alternatively,...more

Downey Brand LLP

Purple Rain Shower in California — Prince’s Estate Chases Northern California Law Firm

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When musician Prince Rogers Nelson died at the age of 57 on April 21, 2016, he had no estate plan in place, not even a will. We blogged that “You Don’t Have to Be Rich to Need an Estate Plan.” As the third anniversary of...more

Knobbe Martens

Enforcing a Non-Compete Agreement? – One Size Does Not Fit All

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Two high-end, off-price fashion brands are duking it out over an employee jumping ship from Century 21 Department Stores, LLC to Rue Gilt Groupe. On November 5, 2018, Century 21 sued Rue Gilt Groupe and Berenice Arcuri in...more

Seyfarth Shaw LLP

California Federal District Court Grants TRO And Preliminary Injunction To Protect Trade Secret Customer Lists

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A California federal district court recently granted a TRO and preliminary injunction against a general manager who allegedly misappropriated customer information from his previous employer in violation of the California...more

Orrick - Trade Secrets Group

T-R-NO: Nevada District Court Denies Motion For TRO Despite Evidence Of Mass Download Of Company Files And Steps Taken To Cover...

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Our readers have seen enough of our blog posts to be familiar with the classic ex-employee trade secrets theft scenario: employee downloads confidential files to his personal computer...more

Orrick - Trade Secrets Group

Juicing Up Your Policies: How To Protect Your Trade Secrets

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Recently, popular Southern California juice and aguas frescas chain Green Crush filed suit against up-and-coming rival juice bar Paradise Splash and several individuals. The lawsuit, filed in the U.S. District Court for the...more

Orrick - Trade Secrets Group

Founding Fathers (or cases) of Trade Secret Law: A Look Back in Celebration of Independence Day

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Over the last few weeks, TSW has reported extensively on the first few cases brought under the new Defend Trade Secrets Act. But, given our recent celebration of our nation’s birthday and the day Will Smith saved the planet...more

Dorsey & Whitney LLP

Quirky Question # 276: Ex-Employees Gone Rogue

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Question: Our company utilizes confidentiality agreements to try to protect our confidential and proprietary information. One of our former sales employees recently left us to work for a competing company. We have evidence...more

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