Closing Argument: Opportunity and Challenge
Podcast - Impeaching with a Deposition
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Opening Statements: The Prohibition Against Argument
Proof in Trial: University of Louisville
Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton
Dealing with Evidence of Time, Distance and Speed
Law School Toolbox Podcast Episode 417: Listen and Learn -- Authentication of Evidence
Law School Toolbox Podcast Episode 410: Listen and Learn -- Relevance Issues (Evidence)
Bar Exam Toolbox Podcast Episode 225: Listen and Learn -- Authentication of Evidence
Bar Exam Toolbox Podcast Episode 214: Listen and Learn -- Relevance Issues (Evidence)
California Employment News: Synthesizing Evidence in a Workplace Investigation (Part 3)
Evidence Preservation: Handling the Issues in New York and New Jersey
Law School Toolbox Podcast Episode 352: Listen and Learn -- Best Evidence Rule
Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Bar Exam Toolbox Podcast Episode 177: Listen and Learn -- Best Evidence Rule
Facing a Deposition: Tips and Strategies
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Law School Toolbox Podcast Episode 326: Listen and Learn -- Multiple Hearsay
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
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
This week, hosts Tina and Cherie are joined by Clark Walton, a Digital Forensics Expert, Attorney, and Legal Forensics Instructor for Reliance Forensics. They have an insightful discussion on digital forensics and what...more
[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
In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party...more
Three appellate courts recently reversed sentences because the government did not adequately present evidence to support the alleged loss calculation underlying the court’s determination of the sentencing guidelines range. In...more
On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret...more
Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,...more
An Ohio appellate court upheld the state trial court’s decision to grant a permanent injunction against two former franchisees of an auto body shop franchise working for a competitor in violation of the franchise agreement’s...more
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
In recent years, juries have returned verdicts in trade secret disputes of $2.04 billion, $570 million, $152 million, and $105 million. The enormity of these verdicts reflect the importance the modern economy places on trade...more
On January 4, 2023, the Dallas Court of Appeals in Texas affirmed a summary judgment in a trade secrets physician staffing case that stands as a warning to practitioners regarding (1) what constitutes sufficient damages...more
In the context of an interlocutory appeal, the US Court of Appeals for the Federal Circuit vacated a portion of a preliminary injunction in a case involving alleged misappropriation of trade secrets for failing to provide...more
Guangzhou Intellectual Property Court has recently made first-instance judgment on an infringement case over 2 patents for invention of zippers where we served as the agent of the plaintiff YKK Co. Ltd. and concluded that the...more
Two recent decisions by the U.S. Court of Appeals for the Third Circuit shed light on several recurrent issues that arise in trade secret litigation under the federal Defend Trade Secrets Act (DTSA) and related state acts....more
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
Cases involving intellectual property disputes are challenging to litigate in any forum. They often turn on complex scientific or technical information. Persuading jurors or a trial judge while also educating them on the...more
Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation...more
In a recent decision, an Eastern District of Texas court conducted an analysis under Federal Rule of Evidence Rule 404(b) outside the criminal context to allow evidence of “other acts” in a trade secrets litigation. The...more
The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country. The Result: As recently amended, Chinese law now follows some case law developments...more
Recent changes to German law are expected to facilitate trade secret litigation. Dr. Christian Paul, a Munich-based partner, explains why these actions still require careful consideration of German procedural law, with a...more
Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more
Paris-based Jones Day partner Thomas Bouvet talks about the challenges involved in gathering evidence and the most difficult aspects of trade secret litigation in France. He also discusses the remedies available to wronged...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. In the...more
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
The right to a jury trial is one of the most important features of modern trade secrets law. But as a recently issued Order from the Texas Fourth Court of Appeals (“Court of Appeals”) illustrates, the jury trial right is...more