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Defend Trade Secrets Act (DTSA) Intellectual Property Protection

J.S. Held

Evolving Landscape of Technology Rights Enforcement

J.S. Held on

Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique contributions made by global inventors and creators. Over the past half century,...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

Troutman Pepper Locke

From Ideas to Ownership: Navigating IP and Employment Law Through the Lens of The Social Network - No Infringement Intended...

Troutman Pepper Locke on

In this episode, Austin Padgett and Rusty Close joined Troutman Pepper Locke partners, Tracey Diamond and Emily Schifter, who host the Hiring to Firing podcast. Together, they explore the intersection of intellectual property...more

Troutman Pepper Locke

From Ideas to Ownership: Navigating IP and Employment Law Through the Lens of The Social Network — Hiring to Firing Podcast

Troutman Pepper Locke on

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by their Troutman Pepper Locke partners, Austin Padgett and Rusty Close, who host the No Infringement Intended podcast. Together, they...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

Faegre Drinker Biddle & Reath LLP

Hytera Petitions Supreme Court to End DTSA’s Extraterritorial Reach

Summary In July 2024, the Seventh Circuit concluded that the DTSA can reach all of a defendant’s worldwide sales caused by the misappropriation, so long as — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of...more

Faegre Drinker Biddle & Reath LLP

Four Trade Secret Developments to Follow in 2025

Significant developments are likely in 2025 in trade secret law, building on major cases and developments in 2024. Here are four areas to watch....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

Sunstein LLP

Massachusetts Jury Sets New Record Under Federal Defend Trade Secrets Act With $452 Million Damages Award

Sunstein LLP on

In December, a Massachusetts corporation won the largest jury verdict ever awarded under the federal Defend Trade Secrets Act (DTSA). The award of $452 million is part of a recent trend of massive awards to trade secret...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: October 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

Sheppard Mullin Richter & Hampton LLP

The Proliferation of Trade Secret Misappropriation and U.S. Enforcement Choices

미국의 영업 비밀 소송 호황기 This is a boom time for trade secret litigation in the U.S. The underlying conditions driving the boom include the growing mobility of the global workforce, the ease with which electronic data can be...more

Baker Botts L.L.P.

Trade Secret Litigation: How Will AI Innovations Likely Be Litigated?

Baker Botts L.L.P. on

While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect...more

Dorsey & Whitney LLP

A Helpful Reminder of Utilizing a TRO to Keep the Trade Secret ‘Genie in the Bottle’

Dorsey & Whitney LLP on

A temporary restraining order (“TRO”) followed by a preliminary injunction is often essential for a company to maintain the trade secrets status of its information that is being misappropriated. Typically, once the...more

Sheppard Mullin Richter & Hampton LLP

Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law

Following the Seventh Circuit’s recent decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd., the United States may become a destination venue for resolution of global trade secret disputes. The Seventh...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 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

Maynard Nexsen

Court Rules Federal Trade Secrets Law Applies To Conduct And Sales Outside The U.S.

Maynard Nexsen on

On July 2, 2024, in Motorola Solutions, Inc. v. Hytera Communications Corp. Ltd., 108 F.4th 458 (7th Cir. 2024), the U.S. Court of Appeals for the Seventh Circuit held as a matter of first impression at the appellate level...more

Sheppard Mullin Richter & Hampton LLP

The Rise of Trade Secret Litigation

Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than patents to secure their confidential information. When the Defend Trade...more

Lathrop GPM

Virginia Federal Court Rules It has Subject Matter Jurisdiction Over DTSA Claim Because Foreign Bankruptcy Proceeding Only Stayed...

Lathrop GPM on

A federal court in Virginia recently ruled that it had federal question subject matter jurisdiction over a Defend Trade Secrets Act (DTSA) claim, rejecting Defendants’ argument that a foreign bankruptcy proceeding stayed the...more

Kilpatrick

4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends

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Kilpatrick partners Joel Bush and Michele Floyd recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trade Secret Update: 2024 Legal Developments and Trends.” This session...more

Sunstein LLP

A Large Theft of Trade Secrets Sets a Record: The “Largest Damages Award on the books under the DTSA”

Sunstein LLP on

Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola,...more

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