News & Analysis as of

Defend Trade Secrets Act (DTSA) Confidential Information

Proskauer - Trade Secrets

Tenth Circuit Affirms Dismissal of Trade Secret Claims for Lack of Particularity and Secrecy

On April 22, 2025, the Tenth Circuit affirmed summary judgment in favor of a sales manager and his new employer on claims under the Defend Trade Secrets Act (“DTSA”), the Oklahoma Uniform Trade Secrets Act (“OUTSA”), and...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: April 2025

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Littler

Tenth Circuit Affirms Summary Judgment Due to Plaintiff’s Failure to Sufficiently Establish Existence of Trade Secrets

Littler on

The Tenth Circuit’s  recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and...more

Mintz - Intellectual Property Viewpoints

He Got the MrBeast Blueprint… and a Trade Secret Lawsuit

Imagine getting your hands on the ultimate creator cheat code — the behind-the-scenes playbook MrBeast uses to dominate YouTube. Now imagine going viral not for using it, but for allegedly walking off with it. That’s exactly...more

Proskauer - Trade Secrets

Georgia Federal Court Denies TRO and Motion to Dismiss in Trade Secrets Case

On March 27, 2025, in Stimlabs LLC v. Griffiths, the U.S. District Court for the Northern District of Georgia ordered a former executive, Sarah Griffiths, to face claims related to her alleged theft of Stimlab’s trade secrets...more

Ward and Smith, P.A.

Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

Ward and Smith, P.A. on

This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025....more

Ward and Smith, P.A.

Trade Secret Protection in 2025: What In-House Counsel Need to Know

Ward and Smith, P.A. on

Recent developments in workplace dynamics, regulatory changes, and several high-profile cases have highlighted the growing importance of understanding and protecting your company's trade secrets. For in-house counsel, staying...more

Proskauer - Trade Secrets

Court Rejects DTSA Claim Over Inadequate Efforts to Protect Alleged Trade Secrets

On March 13, 2025, the U.S. District Court for the Eastern District of New York dismissed a trade secret misappropriation claim under the Defend Trade Secrets Act (“DTSA”), finding that the employer failed to plead it had...more

Faegre Drinker Biddle & Reath LLP

Franchise Agreement Precludes Defend Trade Secrets Act Claim

On February 27, 2025, the District of Minnesota granted a franchisor’s motion to dismiss a lawsuit initiated by its franchisee, alleging, among other things, breach of contract and misappropriation of trade secrets under the...more

Venable LLP

Understanding Trade Secret Laws and Assets

Venable LLP on

For companies, maintaining a competitive advantage over the market is necessary for long-term growth. In many cases, this competitive advantage takes the form of a federal- or state-protected trade secret, such as a...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: November - December 2024

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

DLA Piper

Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

DLA Piper on

In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Civil Remedies are Available Under the Defend Trade Secrets Act?

The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure...more

Seyfarth Shaw LLP

Bizarre Dispute Between AI-Biotech Startup and Former Executive Ends in Trade Secret TRO, For Now

Seyfarth Shaw LLP on

With a factual background that resembles a bad Hollywood script, the most recent chapter in the ongoing dispute between former co-founder of Trilobio, Keoni Gandall (defendant), and Trilobio and his two former partners and...more

Seyfarth Shaw LLP

No Non-Compete? Maybe not a problem as PepsiCo appears to be alive and well.

Seyfarth Shaw LLP on

In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What is Not a Trade Secret Under Federal Law?

If the secrecy of certain confidential information is compromised, it may lose its status as a trade secret. Courts will not recognize information as a trade secret if it has become generally available, is commonly used...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What is the Definition of a Trade Secret Under Federal Law?

Understanding the definition of a trade secret under federal law is crucial for businesses looking to protect their valuable information. Trade secrets are also defined by state law. While there is no single, universal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Federal Laws Protect Trade Secrets?

In the world of business, safeguarding your company’s valuable information is crucial to maintaining a competitive edge. One of the most important assets a company can have is its trade secrets. But what exactly are trade...more

Fox Rothschild LLP

8 Tips to Give Your Confidentiality Agreements Teeth (In a Post-Non-Compete World)

Fox Rothschild LLP on

An employee with access to customer lists and other key business information leaves the company. You want to enforce your confidentiality agreement, but with the recent restrictions on non-competition/non-solicitation...more

Baker Donelson

Top Developments in Trade Secret Law

Baker Donelson on

In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more

Dinsmore & Shohl LLP

A Cautionary Tale of Taking the Preliminary Injunction Gambit with Unclear Trade Secrets

Dinsmore & Shohl LLP on

Recently, the U.S. Court of Appeals for the Federal Circuit provided a cautionary tale for trade secret owners who seek preliminary relief against a competitor who hires its former employees but do not clearly articulate the...more

Fisher Phillips

Motorola Wins Massive $407M Award in International Trade Secrets Dispute: 10 Tips for Employers to Protect Your Data

Fisher Phillips on

A federal appeals court recently applied a U.S. trade secrets law to sales outside the country, finding that Motorola was entitled to $407 million in damages from a foreign competitor for trade secrets misappropriation. A...more

Haug Partners LLP

Specificity Required for Trade Secret Protection under the DTSA: An Attempt to Protect “Confidential Information” Dooms...

Haug Partners LLP on

On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully...more

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

Fenwick & West LLP

Federal Circuit Provides Guidance on Trade Secrets Issues

Fenwick & West LLP on

Every once in a while, the U.S. Court of Appeals for the Federal Circuit handles a trade secrets case. In a decision published Monday, the court reversed the grant of a preliminary injunction relating to insulin pump patches....more

193 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide