News & Analysis as of

Misappropriation

Pepper Hamilton LLP

Texas Court Finds Out-of-State Defendant With Majority Ownership in Texas-Based Entity Not Subject to Personal Jurisdiction in...

by Pepper Hamilton LLP on

EnerQuest Oil & Gas, L.L.C. v. Antero Resources Corporation, No. 02-18-000178CV, 2019 BL 130860 (Tex. App. – Fort Worth Apr. 11, 2019) - A Texas appellate court recently found that an out-of-state Oklahoma-based limited...more

Jones Day

Mid-Year Review of Key Trade Secret Decisions

by Jones Day on

A trade secret is any information used in one's business that derives independent economic value from not being generally known. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret....more

Jackson Lewis P.C.

District Court Finds No CFAA Violation Where Employee Shares Confidential Company Information With Competitor

by Jackson Lewis P.C. on

A district court in Tennessee recently concluded in Wachter Inc. v. Cabling Innovations LLC that two former employees who allegedly shared confidential company information found on the company’s computer system with a...more

Ropes & Gray LLP

Podcast: The Current Trade Secrets Landscape: Criminal and Civil Litigation Strategies and Tactics

by Ropes & Gray LLP on

In this podcast, Ropes & Gray’s Mimi Yang, Peter Brody and Tony Biagioli discuss recent criminal and civil trade secrets enforcement strategies that companies can utilize when they believe they have been victimized by trade...more

Cohen & Grigsby, P.C

Reasonable Measures for Protecting Trade Secrets Under the Defend Trade Secrets Act

by Cohen & Grigsby, P.C on

On May 11, 2016, Congress enacted the Defend Trade Secrets Act of 2016 (the “DTSA”), initiating a monumental change in trade secret litigation. Heralded as the single biggest development in Intellectual Property law since the...more

Neal, Gerber & Eisenberg LLP

NGE IP Focus: Manufacturing

In this issue, we focus on the manufacturing industry, highlighting some recent legal decisions that illustrate the depth and breadth of legal issues encountered in the field. As these cases will show, automation creates...more

Shook, Hardy & Bacon L.L.P.

Zillow Sues Rival Compass Alleging IP Theft And Breach Of Contract Over Its Artificial Intelligence, Machine Learning, And Cloud...

by Shook, Hardy & Bacon L.L.P. on

Switching from defense to offense, Zillow Group, Inc., best known for its residential real estate marketplace technology, recently filed a lawsuit in the U.S. District Court for the Western District of Washington alleging a...more

Ropes & Gray LLP

Podcast: Conductive Discussions Episode 2: Criminal Prosecution of Trade Secret Theft, with a Focus on China

by Ropes & Gray LLP on

This Ropes & Gray podcast series, “Conductive Discussions,” focuses on legal issues of interest to the semiconductor industry. In the second episode of the series, IP litigation partner Mark Rowland, litigation & enforcement...more

Fenwick & West LLP

China at Center of DOJ Initiative to Protect US Companies from Trade Secret Misappropriation

by Fenwick & West LLP on

The U.S. Intellectual Property Enforcement Coordinator submitted its Annual Intellectual Property Report to Congress in February. The report recognizes the economic importance of intellectual property and recommends...more

Jackson Lewis P.C.

Trade Secrets – Courts Won’t Protect You If You Don’t Protect Yourself!

by Jackson Lewis P.C. on

A decision from the Northern District of Illinois is the latest to reiterate a stern warning we have long highlighted for employers: when insufficient steps are taken by an employer to protect its own proprietary information,...more

Allen Matkins

Friendship Formed In Middle School Yields Duty of Trust And Confidence

by Allen Matkins on

In U.S. v. O'Hagan, 521 U.S. 642 (1997), the United States Supreme Court held that that a person who misappropriates material nonpublic information from the source of the information may be guilty of insider trading even...more

Seyfarth Shaw LLP

Get Out Your Popcorn: Former Director of R&D Accused of Stealing Secret Popcorn Recipes

by Seyfarth Shaw LLP on

Caramel Crisp LLC, the owner of Garrett Popcorn Shops (“Garrett”), the renowned Chicago-based purveyor of deliciously flavored popcorn, recently filed suit in federal court in Chicago against its former director of research...more

Sheppard Mullin Richter & Hampton LLP

A Cautionary Tale: Don’t Wait Until There Is A Problem To Protect Your Trade Secrets

A federal decision recently reminded businesses about the importance of taking appropriate measures to protect their proprietary information before any misappropriation occurs. In Abrasic 90 Inc. v. Weldcote Medals, Inc., the...more

Jones Day

Court Grants Rare Preliminary Injunction to Autonomous Vehicle Company WeRide

by Jones Day on

Court rules that WeRide is likely to prevail on merits of its trade secret misappropriation claims against competitors - In a trade secret misappropriation case between two autonomous vehicle companies, the Northern...more

Orrick - Trade Secrets Group

Spring Cleaning: Tidying Up Your “Reasonable Efforts” to Maintain Trade Secrets

It’s among an in-house counsel’s worst nightmares. A former business partner, ex-employee, consultant, or competitor has stolen your company’s trade secret information. Company management demands swift action....more

Seyfarth Shaw LLP

FINRA Issues Guidance on the Handling of Customers When a Broker Leaves a Firm

by Seyfarth Shaw LLP on

The Financial Industry Regulatory Authority (FINRA) recently issued some expectations/guidance to industry members on FINRA’s expectations when a broker leaves for another firm....more

Dorsey & Whitney LLP

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Commission rarely requires admissions to settle an action. Yet in a financial fraud action settled this week the agency required that firm which falsified its financial statements and lied to the auditors admit the...more

Seyfarth Shaw LLP

Nursing Assistant’s “Self-Help” Attempt to Bolster Her Discrimination and Wage Claims Backfires in Spectacular Fashion

by Seyfarth Shaw LLP on

As readers of this blog know, most trade secret misappropriation claims are brought in civil complaints—but a recent case out of Pennsylvania reveals how quickly the tables can turn on a civil plaintiff asserting claims...more

Dorsey & Whitney LLP

SEC Charges Advisor that Looted Funds with Fraud

by Dorsey & Whitney LLP on

The SEC enforcement division continues its retail investor – advisor focus, with another action centered on an unscrupulous investment adviser. In its most recent case a business that began essentially as a family office and...more

Butler Snow LLP

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

by Butler Snow LLP on

A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee’s Facebook account and using that information to pursue a trade secrets claim against four former...more

Allen Matkins

Court Concludes CUTSA Does Not Preempt Breach Of Fiduciary Duty Claim

by Allen Matkins on

The California Uniform Trade Secrets Act (CUTSA) provides various remedies for misappropriation of a trade secret (as defined). The legislature, however, was "vexingly oblique" in prescribing the effect of CUTSA on common law...more

Orrick - Trade Secrets Group

Race to the Finish: Autonomous Vehicle Technology at the Forefront of Alleged Trade Secrets Theft

The stakes couldn’t be higher in the race amongst Silicon Valley self-driving companies vying to be the first to bring the industry-changing technology to market. ...more

Seyfarth Shaw LLP

Law Firm’s ADA Database is Not a Trade Secret According to Pennsylvania Court

by Seyfarth Shaw LLP on

The Alleghany Court of Common Pleas in Pittsburgh, Pennsylvania, recently denied a law firm’s request to enjoin its former partner from retaining a database that contained various information used to file legal actions under...more

Farrell Fritz, P.C.

No Mulligan But No Matter for LLC’s Majority Members After Voluntary Dissolution

by Farrell Fritz, P.C. on

Most judicial dissolution cases in New York courts involve a single entity. When the target of dissolution is structured as a holding company for one or more operating or asset-based companies with asymmetric management, the...more

Sheppard Mullin Richter & Hampton LLP

Do NOT Give NDAs the Short Shrift

Several states have passed new laws restricting use of nondisclosure agreements (NDAs), making it timely for companies to review their policies and practices. Below are some general “best practices” related to NDAs. An NDA...more

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