News & Analysis as of

Misappropriation

Lessons From The Waymo v Uber Trade Secrets Trial

by Fisher Phillips on

Just hours after the Eagles clinched their upset Super Bowl win over the Patriots, a different battle royale began in a San Francisco courtroom between an established juggernaut and its upstart rival. For techies and trade...more

Intellectual Property Tailwinds Continue To Favor Section 337 Enforcement Actions Before The International Trade Commission

by Dickinson Wright on

Section 337 intellectual property enforcement actions before the International Trade Commission (“ITC”) continue to gain in popularity....more

Uber and Waymo Settle Trade Secret Dispute

by Tucker Arensberg, P.C. on

On February 9, 2018, Uber and Waymo agreed to settle their closely watched trade secret dispute related to self-driving car technology. As part of the settlement, Uber has agreed not to use any Waymo confidential information...more

Space Systems Loral to Proceed with Trade Secret Theft Lawsuit Against Orbital ATK

Daniel Wilson of Law360.com reported on Friday, February 2nd, that U.S. District Judge Raymound A. Jackson “trimmed two claims from space technology company SSL’s suit accusing rival Orbital ATK of stealing its trade secrets...more

Automation Of Our Auto Nation: New Tech Requires A New Look At Trade Secret Laws

Self-driving cars—once a thing of the future—are now becoming a reality. And, as with any new technology, there is a learning curve. Once consumers are able to test out new products, they adapt, preferences change, and what...more

Report on Sedona Conference on Trade Secrets

by Seyfarth Shaw LLP on

On December 6-8, the inaugural Sedona Conference on trade secrets took place in Scottsdale, Arizona. The invitation-only conference brought together outside counsel, in-house counsel, and experts to have an in-depth...more

ITC finding of trade secret misappropriation precludes party from relitigating issue in court, WI federal court rules

by Dentons on

In a recent ruling in a case of first impression, Manitowoc Cranes LLC v. Sany America Inc., Case Nos. 13-cv-677 & 15-cv-647 (E.D. Wisc. Dec. 11, 2017), the US District Court for the Eastern District of Wisconsin held that a...more

Loving the Competition

by Sherman & Howard L.L.C. on

In a recent case, with some rather salacious details, the Third Circuit had the opportunity to examine employee liability under the Computer Fraud and Abuse Act (CFAA). Teva received a tip from a competitor’s former employee...more

US Commodity Futures Trading Commission Charges My Big Coin Pay, Inc. and Its Founders with Fraud and Misappropriation of Customer...

by Shearman & Sterling LLP on

The Commodity Futures Trading Commission has announced the filing of an enforcement action charging Nevada-based firm My Big Coin Pay, Inc. and its founders with operating a scheme through which they fraudulently offered the...more

SEC Charges Two Advisers With Fraud Tied to Retail Investors

by Dorsey & Whitney LLP on

The Commission filed another action centered on retail investors. In this case two employees of a well known Financial Institution took advantage of firm clients over a period of three years, defrauding them of thousands of...more

Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

by Farrell Fritz, P.C. on

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame...more

Blockchain Week in Review – January 2018

by Perkins Coie on

U.S. Developments - Regulatory Updates - CFTC and SEC Enforcement Directors Issue Joint Statement Regarding Virtual Currency Enforcement Actions - This morning, the Enforcement Director of the U.S. Commodity...more

International Trade Commission Becomes Even More Potent Venue for Victims of Trade Secret Misappropriation

Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those...more

PCAOB And Accounting Firm Employees Charged With Misuse Of Confidential Data To Improve Firm's Inspection Results

by Shearman & Sterling LLP on

On January 22, 2018, the SEC announced civil charges against six certified public accountants for their role in an alleged scheme to misappropriate confidential information from the Public Company Accounting Oversight Board...more

Key Considerations to Protect Against Insider Threats in Cybersecurity

Most companies have strengthened their cybersecurity defenses against outside hackers, but many often neglect the equal threat posed by those within their network walls — employees who already have privileged access to...more

The Rise of Trade Secret Litigation in the Digital Age

U.S. courts have recognized trade secret protection for more than 200 years, and companies have long relied on trade secrets to guard iconic intellectual property, such as the ingredients for Coca-Cola and the Big Mac’s...more

Upon Reflection, Some Trade Secrets May Be Less Secret Than They Appear

A recent case in Florida is a reminder that when dealing with government entities, trade secrets may be disclosed to the public, especially if that information has been aggregated. ...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

Distributed ledger technology or DLT, virtual currencies and the related markets were the center of discussion this week. SEC Chairman Jay Clayton delivered remarks at one conference sternly warning that the Commission would...more

Investors Try To Buy Virtual Currency Expertise – CFTC Claims Fraud

by Dorsey & Whitney LLP on

U.S. regulators, such as the SEC and CFTC, continue to caution investors about virtual currencies. New stories recount significant price swings in the markets while Government enforcement actions illuminate the risks of...more

Federal Judge Refuses To Close Courtroom During Trade Secret Trial Between Silicon Valley Titans

by Ballard Spahr LLP on

In a closely watched trial in which Waymo LLC—a subsidiary of Google’s parent company, Alphabet—has sued Uber for theft of trade secrets, a California federal judge has denied Waymo's motion to close the courtroom to the...more

SEC, USAO Charge Six With Misappropriating PCAOB Data

by Dorsey & Whitney LLP on

The SEC and the U.S. Attorney’s Office for the Southern District of New York took the unusual step of charging six accounts from KPMG and/or the PCAOB with misappropriating and using confidential information from the Public...more

Rising Tensions As Trump Administration Prepares To Announce Results Of Section 301 Trade Investigation Into China’s Alleged...

As we previously reported, on August 14, 2017, President Trump signed an executive memo asking U.S. Trade Representative Robert Lighthizer to determine whether to launch an investigation into China’s alleged theft of...more

Guarding Against Escrow Fraud

Nancy Jackson Spinks, better known as Nancy Carroll, an attorney and former owner of Millennium Closing Services, LLC (“Millennium Title”) in the Dallas area, was sentenced on Wednesday, January 3rd, to 10 years in prison and...more

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

Celebrities, personality rights and privacy: what marketers need to know about permission

by Smart & Biggar on

William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

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Cybersecurity

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