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Discovery Trade Secrets

EDRM - Electronic Discovery Reference Model

Another Cinderella Situation – Motion Denied as Untimely?

In Fiskars Finland OY AB v. Woodland Tools Inc., 2024 WL 2504717 (W.D. Wisc. May 24, 2024), plaintiff sued for alleged misappropriation of trade secrets. Defendants counterclaimed....more

EDRM - Electronic Discovery Reference Model

[Webinar] Public Access or Not: What Can and Cannot Be Protected from Disclosure in Litigation - June 18th, 1:00 pm - 2:00 pm ET

The clash between the public's “right to know” and the interest of parties in keeping information from the public is a recurring issue. This program will give an overview of “both sides” and will examine, among other things,...more

McDermott Will & Emery

TikTok Makes It Out of West Texas to Sunny Northern California

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit granted a writ of mandamus ordering the transfer of a case, finding that the district court’s denial of the motion to transfer “was so patently erroneous” that the extreme measure...more

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published November 15, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Whistleblowers and Trade Secrets: Does the DTSA Protect Confidential Data?

Employers often go to great lengths to protect company documents and communications concerning and discussing confidential trade secret information. But what happens when employees leave, bring a whistleblower claim, and the...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 127 | Ankura's Sean Evans sits down with Kaylee & Mary

Illumination Zone: Sean Evans, Managing Director for EDRM Trusted Partner, Ankura sits down with Kaylee and Mary to talk about his journey to eDiscovery and some tools and techniques for protecting IP and trade secrets when...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Two: Damages

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As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...more

Sheppard Mullin Richter & Hampton LLP

Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. One of the most important—yet often overlooked—issues in these cases can be summarized by the following...more

Jones Day

Navigating Trade Secret Identification During Discovery: Timing & Scope

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A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly...more

Planet Depos, LLC

Proposed SECRETS Act of 2021: What To Know

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There has been a recent increase in the volume of complaints filed with the International Trade Commission – to be specific, in complaints alleging misappropriation of trade secrets and their unauthorized use in imports to...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited...

In trade secrets litigation, it is often critical to expeditiously obtain protection from further disclosure or continued misappropriation of the trade secret at issue through a motion for preliminary injunction. Courts are...more

Reveal

[Webinar] The Hidden Gems of eDiscovery AI: Advanced techniques to supercharge your process - July 29th, 1:00 pm - 2:00 pm EST

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Many legal professionals are familiar with eDiscovery and the benefits the technology provides. However, what may not be common knowledge is the power that artificial intelligence brings to the table and the techniques that...more

Butler Snow LLP

Tennessee Federal Court Enjoins Misuse of Employer’s Trade Secrets

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Misappropriation of trade secrets claims often turn on whether the information that was taken is truly a “trade secret.” In considering whether information is a trade secret, courts consider a number of factors, including...more

Kerr Russell

What To Know About The US International Trade Commission

Kerr Russell on

The International Trade Commission (ITC) of the United States is an independent and quasi-judicial federal agency that handles a range of trade-related matters. The main functions of ITC are to investigate and make...more

Fish & Richardson

Unlocking California’s Trade Secret Identification Requirement Under California Code of Civil Procedure Sec. 2019.210 – Part 2

Fish & Richardson on

California trade secret law presents a unique statutory framework among state and federal trade secret laws that requires plaintiffs to identify the misappropriated trade secrets before discovery commences. A previous post...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Takeaways from the Ninth Circuit’s Decision in InteliClear, LLC v. ETC Global Holdings, Inc.

Courts often require a plaintiff to identify a trade secret with reasonable particularity before commencing discovery (and it is a statutory obligation in California). But frequently a trade-secret plaintiff does not know...more

Holland & Knight LLP

Dismissal Denied in California DTSA Case Involving Production of Alleged Trade Secret Documents in Discovery

Holland & Knight LLP on

The U.S. District Court for the Central District of California recently denied a motion to dismiss a claim brought under the Defend Trade Secrets Act (DTSA). In Falcon Woods, LLC v. Gooding & Co., Case No. 2:20-cv-02226-SVW,...more

Holland & Knight LLP

Texas Trade Secret Case Reminds of Risk Associated with Not Supplementing Rule 26 Disclosures

Holland & Knight LLP on

ResMan LLC (ResMan) sued Karya Property Management LLC (Karya) and Scarlet Infotech Inc. d/b/a/ Expedien Inc. (Expedien), in federal court in Texas alleging misuse of the "ResMan Platform," a property management software...more

Hahn Loeser & Parks LLP

You Wouldn’t Ask Your Barber To Clean Your Teeth – Hire A Trade Secret Litigator For Trade Secret Litigation

Trade secret litigation in California state and federal courts involves unique procedures and strategies not present in general employment or commercial litigation. Attorneys experienced and well versed in this specialized...more

ArentFox Schiff

Litigating Spoliation Claims in Trade Secret Cases

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In today’s Digital Era, where employee mobility is commonplace, businesses are more exposed than ever to trade secret theft by employees. As businesses move toward the complete digitization of information, lawyers involved in...more

Orrick - Trade Secrets Group

Spoliation by Self-Driving Startup Leads to Terminating Sanctions

During the course of a trade secrets litigation, neglecting to preserve electronically stored information (“ESI”) may result in a finding of spoliation. In a recent Order issued by Judge Edward Davila (United States District...more

Kidon IP

Identifying Trade Secrets With Reasonable Particularity (Part 1)

Kidon IP on

As we have written previously, during the course of a United States litigation  — whether, under the new, federal Defend Trade Secrets Act (DTSA) or the older state-adopted Uniform Trade Secrets Act (UTSA) — plaintiffs must...more

Patterson Belknap Webb & Tyler LLP

What is Produced in the Southern District, Stays in the Southern District: Judge Rakoff Denies Plaintiff’s Requests to Use...

Last year we reported on the patent dispute between Plaintiff SIMO Holdings, Inc. (“SIMO”) and Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd. (collectively, “uCloudlink”). ...more

Orrick - Trade Secrets Group

Ajaxo v. E*Trade: How (Not) to Prove a Reasonable Royalty for Trade Secret Misappropriation

The latest appellate decision in the nearly 20-year legal battle between Ajaxo and E*Trade highlights the importance of expert discovery and a well-developed trial court record for a plaintiff attempting to claim reasonable...more

Epstein Becker & Green

Staggering Amount of Spoliation Leads to Quick Conclusion of Trade Secrets Lawsuit

A recent decision issued by the U.S. District Court for the Northern District of California, San Jose Division, presents a stark example of what can result when a defendant accused of trade secret misappropriation is careless...more

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