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
Partner Greg Rolen Discusses a Whistleblower Claim at Fremont Union School District’s Board Meeting
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
A dispute between co-owners of a trampoline park in Asheville came before the Business Court, appropriately enough, on defendants’ motion to bounce plaintiffs’ claims regarding misappropriation of funds. In Bivins v....more
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
Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. One of the most important—yet often overlooked—issues in these cases can be summarized by the following...more
A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly...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
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
In trade secrets litigation, it is often critical to expeditiously obtain protection from further disclosure or continued misappropriation of the trade secret at issue through a motion for preliminary injunction. Courts are...more
Misappropriation of trade secrets claims often turn on whether the information that was taken is truly a “trade secret.” In considering whether information is a trade secret, courts consider a number of factors, including...more
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
California trade secret law presents a unique statutory framework among state and federal trade secret laws that requires plaintiffs to identify the misappropriated trade secrets before discovery commences. A previous post...more
Courts often require a plaintiff to identify a trade secret with reasonable particularity before commencing discovery (and it is a statutory obligation in California). But frequently a trade-secret plaintiff does not know...more
In late 2019, it was reported by Infosecurity Magazine that 72% of former employees admitted taking company data with them upon departure. Determining what actions a former employee took on a company device leading up to...more
During the course of a trade secrets litigation, neglecting to preserve electronically stored information (“ESI”) may result in a finding of spoliation. In a recent Order issued by Judge Edward Davila (United States District...more
As we have written previously, during the course of a United States litigation — whether, under the new, federal Defend Trade Secrets Act (DTSA) or the older state-adopted Uniform Trade Secrets Act (UTSA) — plaintiffs must...more
The latest appellate decision in the nearly 20-year legal battle between Ajaxo and E*Trade highlights the importance of expert discovery and a well-developed trial court record for a plaintiff attempting to claim reasonable...more
A recent decision issued by the U.S. District Court for the Northern District of California, San Jose Division, presents a stark example of what can result when a defendant accused of trade secret misappropriation is careless...more
In litigation, the term “spoliation” generally refers to loss or destruction of evidence. Spoliation can involve physical evidence, paper documents, or electronic data. Spoliation can be intentional or unintentional....more
Litigators and corporate clients must stay up to date with new technologies and be aware the legal implications that are implicit with new technologies. Lawyers also have an ethical obligation to understand the benefits and...more
In most states for certain claims, the statute of limitations is tempered by the "discovery rule," under which the limitations period does not start until the claimant knew or should have known of its claim against the...more
A previous post on this blog (Nov. 21, 2018) analyzed state laws that require a plaintiff suing for trade secret misappropriation to identify its alleged trade secret(s) with particularity, before discovery begins. As...more
Massachusetts recently adopted a version of the Uniform Trade Secrets Act (UTSA) that became effective on Oct. 1, 2018. While similar to the UTSA in nearly every respect, the Commonwealth's new trade secret act additionally...more
One piece of “bad” evidence (or evidence that simply looks bad) can sink a client at trial. How do you neutralize the evidence before the judge and keep the jury sympathetic to your client when there is evidence that, at...more
Recent decisions in California raised the question of whether a party asserting a claim for misappropriation of trade secrets must, in its pleadings, define the trade secrets at issue with particularity. The cases variously...more
In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel...more
Trade secrets derive their commercial value from being secret. When trade secrets are misappropriated, litigation may be necessary to stop a competitor from exploiting them in the marketplace. Yet litigating...more