News & Analysis as of

Electronically Stored Information Trade Secrets

J.S. Held

Utilizing Digital Forensics Expertise in Intellectual Property, Copyright & Trade Secret Matters

J.S. Held on

Need Assessment, Vetting, and Identification of a Reliable Expert in the Digital Forensics Process - Whether your organization is looking for advisory and expert support for an internal investigation into allegations of...more

Purpose Legal

Proactive Steps for Protecting your Intellectual Property (IP) and Trade Secrets

Purpose Legal on

We live in an era in which information is a valuable commodity. Access to data, ideas, and trade secrets is in high demand, particularly for individuals or companies seeking to profit from this information. One way they gain...more

Array

This Week in eDiscovery: Sedona Conference Commentary on Cross-Border Discovery | $845K Spoliation Award

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of December 8-14. Here’s what’s...more

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

Cozen O'Connor

Should Personal Cell Phones be off the eDiscovery Radar? – Case Law Update

Cozen O'Connor on

The U.S. District Court for the District of Kansas granted in part a plaintiff’s emergency motion for expedited discovery to allow forensic imaging of the defendant’s employees’ laptops to search for evidence of trade secret...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

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

ArentFox Schiff

Litigating Spoliation Claims in Trade Secret Cases: Recent Trends Toward Terminating Sanctions

ArentFox Schiff on

In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we provided background on trade secret laws and...more

Mayer Brown

IP Pitfalls in Data Monetization Projects

Mayer Brown on

Join Mayer Brown partners Richard Assmus and Oliver Yaros as they discuss with host Julian Dibbell how to address the IP pitfalls in data monetization. Their discussion will focus on the unseen value of data, the difficulties...more

Reveal

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

Reveal on

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

Payne & Fears

Five Policies to Help Avoid “Unforced Errors” By New Hires That May Lead To A Trade Secrets Misappropriation Claim

Payne & Fears on

Company new hires sometimes commit “unforced errors” when departing one company and joining another, leading to trade secrets disputes with the prior employer that could have been prevented by following basic rules and...more

HaystackID

[Webcast Transcript] From the Enterprise to Individuals: Are You Mitigating Departing Employee Risk?

HaystackID on

On December 3, 2020, HaystackID shared an educational webcast designed to inform and update legal and data discovery professionals on considerations and approaches that can help organizations proactively and reactively...more

Sheppard Mullin Richter & Hampton LLP

Practice What You Preach: Trade Secret Rules (Of Course) Apply to Lawyers

When trade secret lawyers advise executives transitioning to a job with a competitor, they typically tell them to “take nothing with you” on the way out – meaning that no confidential, proprietary or trade secret information...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

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

Seyfarth Shaw LLP

Conducting Trade Secret and Restrictive Covenant Investigations Remotely

Seyfarth Shaw LLP on

One of the first things a company should do when it suspects that its trade secrets have been compromised or that an employee has violated post-employment restrictive covenants is to conduct an investigation. ...more

Epstein Becker & Green

New London Connecticut Superior Court Jury Awards $839,423 Verdict for Theft of U.S. Navy Underwater Drone Project Trade Secrets

Epstein Becker & Green on

A New London Connecticut Superior Court jury awarded an $839,423 verdict in November 2019, involving theft of trade secrets for a $70 million U.S. Navy underwater drone project. This case, LBI, Inc. v. Sparks, et al.,...more

Sheppard Mullin Richter & Hampton LLP

3 Steps in Furtherance of Avoiding Devastating Spoliation Sanctions in Trade Secret Misappropriation Litigation

Preservation of electronically stored evidence (ESI) may be critical in trade secret cases. When a dispute revolves around whether a defendant accessed and/or transmitted the plaintiff’s trade secret material maintained in an...more

Fox Rothschild LLP

Tennessee District Court Deepens The “Without Authorization” Divide Under The Computer Fraud And Abuse Act

Fox Rothschild LLP on

A Tennessee District Court recently ruled in Wachter Inc. v. Cabling Innovations, LLC, 3:18-cv-00488 (W.D. Tenn. May 7, 2019) that two former employees with permitted access to company computers were not liable under the...more

Holland & Knight LLP

Company’s Covert Monitoring of Former Employees’ Private Facebook Messenger Conversations Was Not “Unclean Hands” - Preventing...

Holland & Knight LLP on

The equitable defense of "unclean hands" is often raised but rarely proven. Sometimes stated as "he who comes into equity must come with clean hands," it is based on the maxim that "he that hath committed iniquity shall not...more

Orrick - Trade Secrets Group

Fishing For ESI

When National Fish and Seafood’s (NFS) head of research left for a new opportunity at Tampa Bay Fisheries, she may not have taken just her talents to the competition. ...more

Shook, Hardy & Bacon L.L.P.

Tesla Seeks Inspection Of Former Employee’s Cloud Storage Accounts – Lawsuit Highlights The Need For Diligent Security Efforts By...

In a recently developing story, on June 20, 2018, automaker and renewable energy giant Tesla filed suit against its now former employee Martin Tripp in the U.S. District Court for the District of Nevada. ...more

Orrick - Trade Secrets Group

David Nosal Raises Unusual Fairness Argument In Yet Another Attempt To Avoid 366-Day Prison Sentence

Just over four years ago, in January 2014, a court sentenced former Korn/Ferry regional director David Nosal to one year and one day in prison for violations of the federal Computer Fraud and Abuse Act and the Espionage Act. ...more

Patterson Belknap Webb & Tyler LLP

Stealing Data Without Depriving the Owner of Access Does Not Amount to Conversion

New York recognizes conversion claims based on intangible property, such as electronically stored information or trade secrets.[1] But does a conversion claim exist when the theft of the intangible property does not deprive...more

Foley & Lardner LLP

Press Delete, Go Directly to Jail? The Scope of the Computer Fraud and Abuse Act’s Damage Provision

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Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California. Mr. Zeng...more

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