News & Analysis as of May 5, 2025

Cybersecurity › Misappropriation

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Protecting Trade Secrets in the Life Sciences Industry: 8 Steps to Prevent Corporate Espionage and Theft

Fisher Phillips on 4/23/2025

Protecting trade secrets in any business is critical, but the stakes are higher in life sciences. Given the high focus on innovation in the industry, corporate espionage can result in devastating financial and reputational...more

Protecting Trade Secrets: Tips for AI Companies

Orrick, Herrington & Sutcliffe LLP on 1/24/2025

AI companies should familiarize themselves with trade secret law to safeguard their innovations. A company does not need to register a trade secret to invoke it in litigation, unlike other IP protections. Trade secrets can...more

Protecting and Enforcing Your Trade Secrets in a Global Economy

Fish & Richardson on 1/23/2025

In the interconnected, global business environment, trade secret information regularly crosses international boundaries, and trade secret misappropriation can occur anywhere in the world. Trade secret holders should thus...more

California Governor Vetoes AI Safety Bill With Whistleblower Protections for Employees Who Report Dangers of the Technology

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/4/2024

California Governor Gavin Newsom has vetoed a bill that sought to ensure the safe development of artificial intelligence (AI), including by imposing whistleblower protections for developers’ employees who reported potential...more

Trade Secret Protection in Life Sciences: Strategies for Success

TransPerfect Legal on 4/26/2024

Late last month, the Association of Corporate Counsel (ACC) hosted a panel on Trade Secret Protection in Life Sciences: Strategies for Success. In today's rapidly evolving business environment, trade secrets are becoming...more

The Pros And Cons Of Protecting AI As Trade Secrets

Rothwell, Figg, Ernst & Manbeck, P.C. on 3/5/2024

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Jenner & Block Japan Newsletter - January 2024

Jenner & Block on 2/12/2024

Welcome to the January 2024 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

The FBI on Economic Espionage

Society of Corporate Compliance and Ethics... on 11/16/2023

Economic espionage sounds more like the stuff of a spy thriller than a day-to-day concern for business. Not so, as it turns out. To learn more we sat down with the FBI’s Counterintelligence Division Unit Chief Matthew Charles...more

THE INSIDER THREAT: Mitigating Risk Within the DNA of Your Organization

StoneTurn on 3/13/2023

Understanding and managing insider risks is not a new discipline. The manifestation of insider-related risks can be disastrous but the fact that these events are caused by people inside an organization rarely receives enough...more

New Federal Tools Can Help Private Sector Protect Trade Secrets From Cyberattacks – And May Soon Require Reporting

Fisher Phillips on 4/5/2021

Cybersecurity was undoubtably on the forefront of the agenda for many organizations in 2020 – and 2021 should be no different. The rapid shift to remote work over the past year has led to an increased number of cybersecurity...more

Steps Your Company Should Consider Now to Protect Value with a Wave of Trade Secret Litigation on the Horizon Due to COVID-19...

Mintz - Intellectual Property Viewpoints on 4/17/2020

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

Cyberspace Saves an Out-of-State Oil Company

Gray Reed on 9/5/2019

Can an email be directed to a particular state? No, said a Texas court in Enerquest Oil & Gas, LLC v. Antero Resources Corporation. The court questioned “the very premise of the contention that an email can be sent to a...more

Blockchain Week in Review - May 2019 #3

Perkins Coie on 6/5/2019

U.S. Developments - Regulatory Updates - SEC Files Enforcement Action Against Alleged Fraudulent Cryptocurrency Pyramid Scheme - On May 22, the Securities and Exchange Commission (“SEC”) filed a complaint in the U.S....more

Fiduciary Duties With Respect To Trade Secrets For Dual Or Multiple Directors

Seyfarth Shaw LLP on 12/13/2018

The purpose of this short paper is to ‘join the dots’ between a director’s fiduciary duties and especially a person holding dual or multiple directorships and trade secrets....more

Payment Card Data is Not Trade Secret Information under the DTSA

Holland & Knight LLP on 11/6/2018

In a recent case involving hackers that stole "payment card data" from Chipotle, Judge William J. Martinez in the United States District Court for the District of Colorado found on an issue of first impression that payment...more

How To Keep Your Company’s Trade Secret Protections From Being A Halloween Fright Night

Seyfarth Shaw LLP on 10/31/2018

Built into the definition of a trade secret is the requirement to have reasonable secrecy measures. Companies that do not use non-disclosure agreements with their employees can be at a tremendous disadvantage if they decide...more

A Few Lessons We’ve Learned About Fighting Fraud

K2 Integrity on 10/2/2018

Fraud presents a constant threat to companies around the globe—and that risk is growing as perpetrators become ever more digitally savvy and creative in their criminal activities. K2 Intelligence has conducted a multitude of...more

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on 7/2/2018

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Key Considerations to Protect Against Insider Threats in Cybersecurity

Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2018

Most companies have strengthened their cybersecurity defenses against outside hackers, but many often neglect the equal threat posed by those within their network walls — employees who already have privileged access to...more

Blockchain Week in Review – October #8

Perkins Coie on 11/8/2017

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of...more

Hacking EDGAR And Insider Trading

Allen Matkins on 9/28/2017

SEC Chairman Jay Clayton launched a sea of news stories last week when he included the following five sentence in a statement on cybersecurity...more

Are Cyber Thieves Compromising E-Mail? .. YES!

Foodman CPAs & Advisors on 11/11/2016

Recently FinCEN issued Advisory (FIN-2016-A003) regarding e-mail compromise schemes that defraud Financial Institutions by deceiving them into conducting wire transfers that result in misappropriated customers funds. The...more

SEC Steps Up Cybersecurity Enforcement with $1 Million Fine Against Morgan Stanley

Sheppard Mullin Richter & Hampton LLP on 7/2/2016

The Security and Exchange Commission’s (“SEC”) recent $1 million settlement with Morgan Stanley Smith Barney LLC (“MSSB”) marked a turning point in the agency’s focus on cybersecurity issues, an area that the agency has...more

Keep Quiet and Carry On under the EU Trade Secrets Directive

Bracewell LLP on 6/27/2016

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member...more

Amendment to Federal Criminal Procedural Rule Could Impact Trade Secret Cases

Orrick - Trade Secrets Group on 5/20/2016

Much attention, including here at Trade Secrets Watch, has been focused in recent weeks on the Defend Trade Secret Act (“DTSA”), which overwhelmingly passed both houses of Congress in April and was signed into law by...more

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Cybersecurity › Misappropriation

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