News & Analysis as of

Misappropriation Evidence

Patterson Belknap Webb & Tyler LLP

Posts Resource Library Subscribe Prosecutors May Use Evidence Obtained from Trustee Without Warrant

We have blogged previously about the intersection of fraud and bankruptcy. A recent decision from the U.S. District Court for the Central District of California justifies an addition to that series of posts. Thomas...more

McDermott Will & Emery

No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions

McDermott Will & Emery on

In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party...more

Seyfarth Shaw LLP

Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence

Seyfarth Shaw LLP on

On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Two: Damages

Hicks Johnson on

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

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part One: Liability

Hicks Johnson on

In recent years, juries have returned verdicts in trade secret disputes of $2.04 billion, $570 million, $152 million, and $105 million. The enormity of these verdicts reflect the importance the modern economy places on trade...more

McDermott Will & Emery

There Should Be No Secret about Scope of Trade Secret Injunction

McDermott Will & Emery on

In the context of an interlocutory appeal, the US Court of Appeals for the Federal Circuit vacated a portion of a preliminary injunction in a case involving alleged misappropriation of trade secrets for failing to provide...more

Holland & Knight LLP

Third Circuit Illuminates Several Issues in Trade Secret Litigation

Holland & Knight LLP on

Two recent decisions by the U.S. Court of Appeals for the Third Circuit shed light on several recurrent issues that arise in trade secret litigation under the federal Defend Trade Secrets Act (DTSA) and related state acts....more

Gray Reed

Should You Take Your Company’s Business Records to Support Your Lawsuit When You Leave?

Gray Reed on

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

Oberheiden P.C.

The SEC Investigation Process: An Overview

Oberheiden P.C. on

The U.S. Securities and Exchange Commission (SEC) investigates companies, brokerage firms, and individuals for a broad range of statutory and regulatory violations. These investigations can lead to civil or administrative...more

Planet Depos, LLC

Proposed SECRETS Act of 2021: What To Know

Planet Depos, LLC on

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

JAMS

The Use of Tutorials in Life Sciences Arbitrations

JAMS on

Cases involving intellectual property disputes are challenging to litigate in any forum. They often turn on complex scientific or technical information. Persuading jurors or a trial judge while also educating them on the...more

Farella Braun + Martel LLP

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation...more

Jones Day

Recent Changes to China's Trade Secret Protection Laws Ease the Challenge of Bringing Such Cases

Jones Day on

The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country. The Result: As recently amended, Chinese law now follows some case law developments...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Association of Certified E-Discovery...

Departing Employees, Data Theft, and Digital Forensics

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

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in France

Jones Day on

Paris-based Jones Day partner Thomas Bouvet talks about the challenges involved in gathering evidence and the most difficult aspects of trade secret litigation in France. He also discusses the remedies available to wronged...more

Jones Day

Mid-Year Review of Key Global Trade Secret Developments

Jones Day on

A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

Fox Rothschild LLP

The Fourth Circuit Issues Litigants A Strong Reminder Of The Risks Associated With Failing To Preserve Evidence

Fox Rothschild LLP on

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

Orrick - Trade Secrets Group

The $740 Million Jury Question: Massive Trade Secrets Award Overturned Because of Erroneous “Improper Means” Instruction

The right to a jury trial is one of the most important features of modern trade secrets law.  But as a recently issued Order from the Texas Fourth Court of Appeals (“Court of Appeals”) illustrates, the jury trial right is...more

Farrell Fritz, P.C.

Gull Wing Takes Flight, Pleading Gets Stricken

Farrell Fritz, P.C. on

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

Sheppard Mullin Richter & Hampton LLP

3 Steps in Furtherance of Avoiding Devastating Spoliation Sanctions in Trade Secret Misappropriation Litigation

Preservation of electronically stored evidence (ESI) may be critical in trade secret cases. When a dispute revolves around whether a defendant accessed and/or transmitted the plaintiff’s trade secret material maintained in an...more

Epiq

How Ephemeral Messaging Can Affect eDiscovery Compliance

Epiq on

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

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on

In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Morrison & Foerster LLP

Overcoming Bad Evidence: Lessons From Waymo V. Uber Trial

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

Zuckerman Spaeder LLP

How Do You Prove Damages When Executives Breach A Non-Solicit Provision?

Zuckerman Spaeder LLP on

In 2011, a group of executives left Horizon Health Corporation for a competitor, Acadia, but they didn’t leave everything behind. Horizon’s president took a “massive, massive amount” of Horizon documents with him on an...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide