News & Analysis as of

Defend Trade Secrets Act (DTSA) Misappropriation Non-Disclosure Agreement

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

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

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

Holland & Knight LLP

Don't Fret (Yet): Trade Secrets, NDAs and Non-Solicits After the FTC Non-Compete Rule

Holland & Knight LLP on

With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more

Houston Harbaugh, P.C.

Dr. Mehmet Oz Introduces Company to Starbucks, Ends in Trade Secret Suit

Houston Harbaugh, P.C. on

A small California company, Balmuccino, LLC, was provided an excellent opportunity to pitch its coffee-flavored lip balm to the Seattle coffee giant Starbucks. Who made the connection? According to the complaint, none other...more

Morrison & Foerster LLP

Post-TianRui: A Survey of Trade Secret Litigation and Extraterritoriality in the ITC

In 2011, the Federal Circuit in TianRui Grp. Co. v. Int’l Trade Comm’n affirmed the International Trade Commission’s (ITC) authority to look to extraterritorial conduct of a respondent to determine whether that respondent...more

Fish & Richardson

Crafting a Comprehensive Trade Secret Strategy

Fish & Richardson on

Despite the value trade secrets create for companies that hold them, they are often-overlooked intellectual property assets. But, unlike patents, trade secrets require their owners to take affirmative steps to maintain the...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Reminds Plaintiffs to Specify Their Trade Secrets

One of the most common forms of business agreements that our clients enter into is the non-disclosure agreement (NDA). Whether to explore a potential partnership between two companies, to consider a proposed merger or...more

Sheppard Mullin Richter & Hampton LLP

Why Patents Can Matter In Trade Secret Cases

Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...more

Jones Day

Year-End Review of Key Trade Secret Decisions

Jones Day on

A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. Due in...more

BCLP

Want to Protect Your Trade Secrets? Update Your Employment Agreements!

BCLP on

Since 2016, the Defend Trade Secrets Act (DTSA) has provided employers with a federal cause of action against employees, former employees and other bad actors who misappropriate trade secrets.  In addition to injunctive...more

Seyfarth Shaw LLP

That’s a Wrap: California Federal Court Grants TRO Against Former Employee for Trade Secret Misappropriation

Seyfarth Shaw LLP on

A California federal district court recently granted a temporary restraining order (“TRO”) against a former employee for misappropriating proprietary and confidential information in violation of the Defend Trade Secrets Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Trade Secrets Take Center Stage, and Contracts Play a Lead Role

The stars of intellectual property law have historically been patents, copyrights and trademarks. Trade secrets have long been legally recognized but only recently have begun to share equal billing. The 2016 passage of the...more

Holland & Knight LLP

Trade Secrets and Non-Disclosure Agreements

Holland & Knight LLP on

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

Seyfarth Shaw LLP

Are Mom-And-Pop Companies Treated Differently When It Comes To Abandoning Trade Secrets? A Federal Court In Illinois Says Yes.

Seyfarth Shaw LLP on

A small, Chicago-based magnetic picture frame developer’s claims for trade secret misappropriation against a photo album manufacturer will be headed to trial after an Illinois federal district court largely denied the...more

Holland & Knight LLP

Whether the “Economic Loss Rule” Applies To DTSA Claims

Holland & Knight LLP on

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

Holland & Knight LLP

Trade Secret Defendant Awarded Fees for “Objectively Specious” DTSA Claims

Holland & Knight LLP on

Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part, the relatively new Defend Trade Secrets...more

Seyfarth Shaw LLP

Hold My Beer: Ninth Circuit Hears Oral Argument In Trade Secret/Anti-SLAPP Row For A Second Time

Seyfarth Shaw LLP on

A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more

Holland & Knight LLP

HR Toolkit Series, Part 4 - Protecting Proprietary Information and Trade Secrets

Holland & Knight LLP on

In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more

Littler

"Purloined Letters": Management Options When a Departing Employee Puts a Business Entity at Risk by Collecting Confidential...

Littler on

The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets...more

Pierce Atwood LLP

The Defend Trade Secrets Act: Five Key Lessons

Pierce Atwood LLP on

Courts will refuse to grant trade secret protection under the Defend Trade Secret Act (DTSA) when an employer has not taken certain basic precautions to create and maintain the secrecy of the subject information. ...more

Seyfarth Shaw LLP

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Seyfarth Shaw LLP

Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

Seyfarth Shaw LLP on

Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more

Dentons

Defend Trade Secrets Act of 2016: What Does It Mean for Employers?

Dentons on

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a federal claim for misappropriation of trade secrets. Concerns with the difficulty of protecting trade secrets have grown as...more

Fisher Phillips

New Federal Trade Secret Statute Requires Important Updates To Contracts And Policies

Fisher Phillips on

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover...more

36 Results
 / 
View per page
Page: of 2

"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