4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
JONES DAY PRESENTS®: Cross-Border Trade Secret Litigation in the United States
Time to Amend the Defend Trade Secrets Act
The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act - RICO Report Podcast
JONES DAY PRESENTS®: Trade Secret vs. Patent Litigation
Trade secret litigation after the Defend Trade Secrets Act
Podcast: The Current Trade Secrets Landscape: Criminal and Civil Litigation Strategies and Tactics
Podcast: Conductive Discussions Episode 2: Criminal Prosecution of Trade Secret Theft, with a Focus on China
Viewpoints: Trade Secrets
Straight Talks: New players, new rules - IP disruption in the automobile industry
Employment Law This Week®: Sexual Harassment Legislation, Browning-Ferris Appeal, DTSA Whistleblower Immunity, Salary History and Wage Gaps
Employment Law This Week: Top Issues of 2016 – DTSA, Non-Competes, Paid Sick Leave, Transgender Law, Overtime, NLRB Decisions
Employment Law This Week: Defend Trade Secrets Act, Final Overtime Rule, Leave for Disabled Workers, OT Exemption Case
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
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
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
On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States. It will become effective 120 days after it is published in the Federal Register....more
Nondisclosure agreements (NDAs) can be used to protect companies’ confidential and trade secret information. But you should resist the urge to have a vendor, contractor, or employee sign a dusty old stock NDA and assume your...more
Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more
Manufacturers wanting to protect their trade secrets, especially those related to the production of custom products made for specific customers, should consider some general practices that can increase the likelihood of...more
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
The tension between encouraging free and fair competition and protecting competitive advantages derived from hard work and ingenuity is at the very heart of trade secrets law. Among other things, this tension manifests itself...more
Seyfarth Synopsis: Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination,...more
A non-fungible token (“NFT”) is a type of financial asset that is made up of digital data stored in a blockchain. Clear as mud, right? The person or entity that owns the NFT records the ownership in the blockchain, which...more
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
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
A recent decision by the Ninth Circuit Court of Appeals in BladeRoom Group Limited v. Emerson Electric Co. further stresses the importance of carefully crafting the terms and conditions in a non-disclosure agreement (“NDA”),...more
The protection of trade secrets and other confidential information is important to the bottom line of every company, whether a Fortune 100 corporation or a small business. In furtherance of that objective, this post gives...more
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
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
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
Companies often consider trade secrets to be their crown jewels. But in the digital age, where copying and sending files is as easy as one click, protecting trade secrets has become even more challenging. Losing control over...more
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
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
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
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
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
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