News & Analysis as of

Investigations Trade Secrets

Pillsbury Winthrop Shaw Pittman LLP

Working Around OSHA’s New Walkaround Rule

After May 31, 2024, employees can designate a non-employee to accompany OSHA compliance officers during worksite inspections. OSHA inspectors will determine whether non-employee representatives are “reasonably necessary”...more

TransPerfect Legal

Three Strategies to Prevent Departing Employees from Absconding with Trade Secrets and Other Confidential Business Information

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One of the biggest threats to modern corporations involves departing employees who take confidential business information (CBI) and/or trade secrets with them prior to or upon their departure. Indeed, the misappropriation of...more

Haug Partners LLP

2023 in Review at the International Trade Commission

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Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

McDonnell Boehnen Hulbert & Berghoff LLP

College Football's Latest Controversy: NCAA IP-Like "Sign Stealing" Rules Not Ready for Big Data or AI

Aside from the actual games on the field, the college football press has been fixated on one story over the past several weeks: the Michigan "sign stealing" controversy. Michigan head coach (and former Chicago Bears...more

Davis Wright Tremaine LLP

Three Investigations Show D.C. AG Is Aggressively Enforcing Ban on Noncompetes

Employers in the District of Columbia that use noncompete agreements take note: the D.C. Office of the Attorney General ("OAG") is aggressively using its powers to crack down and assess penalties on businesses that violate...more

Fitch, Even, Tabin & Flannery LLP

Importers Entitled to See Confidential Evidence Used Against Them in Antidumping Proceedings

On July 27, in Royal Brush Manufacturing, Inc. v. United States, the Federal Circuit held that importers have a right to see the evidence used against them in antidumping proceedings by the Customs and Border Patrol (CBP),...more

HaystackID

[Webcast Transcript] Proper Hygiene Matters: Three Cybersecurity, Privacy, and Data Protection Challenges and Solutions

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Editor’s Note: HaystackID hosted an educational webcast on March 15, 2023, to discuss the growing importance of cyber and data hygiene in the context of privacy, cybersecurity, and data protection. The webcast focused on how...more

McDermott Will & Emery

Bulletin Concurrence VI - Paris │ Octobre ● Novembre ● Decembre 2022

McDermott Will & Emery on

1. CONTENTIEUX - ACTION EN FOLLOW-ON : ABSENCE DE RÉPARATION POUR LES SOCIÉTÉS DU GROUPE COLAS DANS L’AFFAIRE DU CARTEL DES CAMIONS - Dans un jugement remarqué du 27 octobre 2022, le tribunal de commerce de Lyon a...more

King & Spalding

U.S. House of Representatives Establishes Select Committee on Strategic Competition with China

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On January 10, 2023, the House of Representatives passed H.Res. 11 establishing the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (the “Select Committee”). The...more

McDermott Will & Emery

Bulletin Concurrence IV - Paris │ Avril ● Mai ● Juin 2022

McDermott Will & Emery on

1. CONTENTIEUX - PREMIÈRE DÉCISION D’ENGAGEMENTS DE META - Par une décision du 16 juin 2022, l’Autorité de la concurrence (ADLC) a rendu obligatoires les engagements proposés par Meta, qui marquent, à notre connaissance, ...more

White & Case LLP

One step closer to mandatory whistleblower systems in Germany

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Following Germany's initial attempt last year to implement the EU Whistleblower Directive (Directive (EU) 2019/1937), aimed at ensuring harmonized and improved protection of whistleblowers throughout Europe, the Federal...more

Mintz - Intellectual Property Viewpoints

Why is the ITC a Great Venue for Protecting Trade Secrets? Speed and Extraterritorial Authority

To be a successful trade secret litigant at the ITC, it is critical to be mindful of unique substantive and procedural aspects of Section 337 litigation. These differences offer both promise and peril for complainants. ...more

Kerr Russell

What To Know About The US International Trade Commission

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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

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

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Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Sheppard Mullin Richter & Hampton LLP

LG Chem’s Win In $1 Billion Electric Vehicle Trade Secret Dispute Upheld by International Trade Commission

Global competition in high-tech industries is as intense as ever, and U.S. administrative agencies continue to find themselves at the center of global disputes between foreign companies seeking to vindicate trade secret and...more

Fish & Richardson

ITC Litigation: Introduction to Trade Secret Protection at the ITC

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We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context—as another forum for patent litigation....more

TransPerfect Legal

Three Keys to Successfully Executing a Trade Secrets Investigation

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In late March, our Research and Operations team looked into practice areas that will not only continue at the same pace during the pandemic, but potentially thrive. One of these was trade secret matters, which our research...more

Seyfarth Shaw LLP

Conducting Trade Secret and Restrictive Covenant Investigations Remotely

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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

Pierce Atwood LLP

Practical Tips on Working with Former Employees Who Are Key Witnesses

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Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim....more

Seyfarth Shaw LLP

The Smartphone: A Treasure Trove of Evidence in Trade Secret Cases

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It’s hard to believe the first smartphone was released over 20 years ago. At that time, few thought it would become such an integral part of our lives. Additionally, this year marks the 10th anniversary of the iPhone and its...more

Morrison & Foerster LLP - MoFo@ITC

New ITC Investigations Surge in 2016

The ITC’s docket experienced a strong uptick in 2016, with new investigations approaching the record highs of 2010 and 2011, the years of the smartphone wars. 54 new investigations were instituted at the ITC in 2016,...more

Robinson & Cole LLP

First suspected domestic corporate espionage hacking incident happens on the baseball diamond

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This story should tell you something: hacking doesn’t only happen in department stores and hospital databases. Now, the Federal Bureau of Investigation (FBI) is investigating the front-office officials for Major League...more

King & Spalding

ITC Section 337 Update – November 2014

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ITC Trial Lawyers Association Annual Meeting: November 13, 2014 – ITCTLA held its Annual Meeting on November 13, in Commission Main Hearing Room. Highlights of the meeting, included Chairman Broadbent’s opening remarks...more

Orrick - Trade Secrets Group

Power Move: Referring Trade Secrets Theft To The Government For Criminal Prosecution

You’ve just discovered that an employee who recently left your company took your company’s valuable trade secrets with him to his new employer. What are your options?...more

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