Work This Way: A Labor & Employment Law Podcast - Episode 31: Trade Secrets and Protecting Confidential Information with Jennie Cluverius of Maynard Nexsen
Trade Secret Litigation: The Power of Protection
JONES DAY PRESENTS®: Cross-Border Trade Secret Litigation in the United States
The FBI on Economic Espionage
Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Podcast Episode 17)
#WorkforceWednesday: Spilling Secrets: Employers - Train on Trade Secrets - Employment Law This Week®
Trade Secret Two-Step: Part 2
Trade Secret Two-Step: Part 1
Monthly Minute | Trade Secret Protection Best Practices–Exit Interviews
Nota Bene Episode 110: Mapping U.S. Domestic and Extraterritorial Trade Secret Protection and Enforcement with Robert Friedman
Pepe the Frog
JONES DAY PRESENTS®: Helping Clients with Trade Secret Protection
JONES DAY PRESENTS®: Trade Secret Enforcement in the United Kingdom
JONES DAY PRESENTS®: Trade Secret Enforcement in Spain
JONES DAY PRESENTS®: Trade Secret Enforcement in France
JONES DAY PRESENTS®: Trade Secret Enforcement in Taiwan
JONES DAY TALKS®: Women in IP: Protecting Trade Secrets in Remote-Work Situations
JONES DAY PRESENTS®: Trade Secret vs. Patent Litigation
U.S. International Trade Commission
Podcast: The Current Trade Secrets Landscape: Criminal and Civil Litigation Strategies and Tactics
Trade secret litigation can be brutal. Many times you have a company going after an ex-employee (and sometimes their new employer) for alleged theft of sales leads, confidential documents, and other proprietary information....more
The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more
In Valkyrie AI LLC v. PriceWaterhouseCoopers LLP, 2024 N.Y. Slip Op. 06141 (1st Dept. Dec. 5, 2024) (here), the Appellate Division, First Department affirmed an order involving claims for unfair competition, tortious...more
Both the federal Defend Trade Secrets Act of 2016 (“DTSA”) and Pennsylvania Uniform Trade Secrets Act (“PUTSA”) provide that a defendant may recover its attorneys’ fees if it demonstrates that a claim for misappropriation of...more
On May 31, 2023, a Harris County Texas District Court jury found a telecom company acted in bad faith by filing a $23 million trade secret misappropriation lawsuit against a rival where the underlying technology was found to...more
In a late-March 2023 decision out of the U.S. District Court for the Southern District of California, a court denied a plaintiff's request for attorneys' fees against a defendant who filed "objectively specious" counterclaims...more
Litigators know it is generally not easy to recover attorneys’ fees in defense of a trade secret misappropriation action. The Federal Defend Trade Secrets Act (“DTSA”) permits a court to “award reasonable attorneys’ fees” to...more
In Xyngular Corp. v. Schenkel, a shareholder and director suspected that his colleagues on the board of directors were engaging in improper self-dealing, so he asked an IT department employee to download documents disclosing...more
The recent case of Multimedia Sales & Marketing, Inc. v. Marzullo, et al., — N.E.3d —-, 2020 IL App (1st) 191790 (1st Dist. Dec. 21, 2020), demonstrates the peril that attorney fees sanctions present for litigants who bring...more
On July 16, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision highlighting the critical need for litigants to preserve evidence once notified of a potential lawsuit, and the serious ramifications...more
The US Court of Appeals for the Fifth Circuit held that, under Texas law, a plaintiff can sustain an action for trade secret misappropriation even if the plaintiff voluntarily communicated the alleged trade secrets to the...more
Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more
The line between aggressive business competition and unlawful conduct can sometimes be difficult to determine. Many different theories of tort liability have developed over the years to address the variations of unlawful...more
Absent an agreement to the contrary, the dismissal of a statutory cause of action providing for attorneys’ fees to the prevailing party would seem to entitle a defendant to its reasonable fees and costs. In a matter of first...more
Earlier this month, the Fifth Circuit ruled that under the Defend Trade Secrets Act (18 U.S.C. § 1836, et seq.) (“DTSA”), a defendant is not the “prevailing party” by virtue of a plaintiff voluntarily dismissing a DTSA claim,...more
Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part, the relatively new Defend Trade Secrets...more
On February 15, 2017, the Federal Circuit affirmed the Commission’s imposition of severe, case dispositive sanctions on Respondents for bad faith spoliation of evidence as well as the issuance of a 25-year limited exclusion...more
In a question of first impression, the Illinois Appellate Court recently addressed what constitutes “bad faith” for purposes of awarding attorneys’ fees to the prevailing party under §5 of the Illinois Trade Secret Act...more
Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,...more
Companies get anxious when key employees leave to start new ventures. A company may try to shield itself from the risk of losing confidential information by seeking an injunction preventing its former employees and their new...more
In this unusual case, the Court of Chancery has reinstated a director who was tricked into resigning. The opinion has a good discussion of how directors may resign and when their resignation is not effective....more
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more
California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more
In Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc., the California Court of Appeal affirmed a trial court’s award of $180,817.50 in attorneys’ fees plus costs to Maxim Integrated Products, Inc. as the...more
A California appellate court recently affirmed the trial court’s ruling in Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc. that the defendant (“Maxim”) was entitled to attorney’s fees under California...more