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Evidence 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

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton

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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

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

McDermott Will & Emery

No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions

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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

Arnall Golden Gregory LLP

The Government Cannot Cut Corners: Appellate Courts Reverse Sentences in Three Recent Cases Because the Government Did Not...

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

Seyfarth Shaw LLP

Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence

Seyfarth Shaw LLP on

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

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Three: Evidentiary Concerns

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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

Lewitt Hackman

Franchisor 101: Court Hits Brakes on Former Franchisees

Lewitt Hackman on

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

Hicks Johnson

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

Hicks Johnson on

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

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part One: Liability

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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

Seyfarth Shaw LLP

Texas Court of Appeals Affirms Summary Judgment in Physician Staffing Case Citing Lack of Damages Evidence

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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

McDermott Will & Emery

There Should Be No Secret about Scope of Trade Secret Injunction

McDermott Will & Emery on

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

Linda Liu & Partners

Evidence Preparation for Prior Use Defense in Infringement Dispute

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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

Holland & Knight LLP

Third Circuit Illuminates Several Issues in Trade Secret Litigation

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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

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

JAMS

The Use of Tutorials in Life Sciences Arbitrations

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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

Farella Braun + Martel LLP

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

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

Orrick - Trade Secrets Group

FRE 404(b) and Trade Secrets Disputes: To Admit or Deny?

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

Jones Day

Recent Changes to China's Trade Secret Protection Laws Ease the Challenge of Bringing Such Cases

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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

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in Germany

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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

ITC 337 Quarterly Insider Q2 2020

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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

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in France

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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

Jones Day

Mid-Year Review of Key Global Trade Secret Developments

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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

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

The $740 Million Jury Question: Massive Trade Secrets Award Overturned Because of Erroneous “Improper Means” Instruction

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

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