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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Houston Harbaugh, P.C.

Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

Houston Harbaugh, P.C. on

The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of...more

McDermott Will & Emery

One Bite at the Apple Where State and Federal Jurisdiction Is Concurrent

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit upheld a federal district court’s dismissal of a case on res judicata grounds after a state court issued a decision on different claims but had concurrent jurisdiction over the...more

Seyfarth Shaw LLP

DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

Seyfarth Shaw LLP on

The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First...more

Proskauer - Trade Secrets

EV Trade Secrets Litigation Series: Tesla v. Rivian – A High-Stakes Legal Showdown

Proskauer - Trade Secrets on

Continuing our series on electric vehicle (EV) trade secret litigation, see here and here, a California judge has tentatively given Tesla the green light to proceed with a trial against rival Rivian in March of 2025. This...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CFTC Fines Commodities Trader $55 Million in First-Ever Whistleblower Rule Enforcement Action

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Commodity Futures Trading Commission (CFTC) has joined the list of federal agencies targeting employment nondisclosure agreements and other restrictive covenants that allegedly restrict employees from making reports to...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Confirms Extraterritorial Reach of the Defend Trade Secrets Act

Faegre Drinker Biddle & Reath LLP on

This is the first of two updates on the impact of Motorola v. Hytera on trade secret cases. The second update, regarding remedies, will be published next week....more

BCLP

CFTC’s Consent Order with Trafigura Trading: When Inaction Becomes Action

BCLP on

On June 17, 2024, the CFTC filed a consent order against Trafigura Trading LLC, requiring the company to pay a $55 million civil monetary penalty and implement remedial measures. The CFTC’s order details three violations of...more

Proskauer - Trade Secrets

Battery Technology Trade Secret Theft Runs Out of Juice

Proskauer - Trade Secrets on

A recent complaint alleging trade secret misappropriation in the Eastern District of New York demonstrates the importance of combing an alleged trade secret misappropriator’s social media for subtle – and not-so-subtle –...more

Fox Rothschild LLP

A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal

Fox Rothschild LLP on

A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Pros And Cons Of Protecting AI As Trade Secrets

Rothwell, Figg, Ernst & Manbeck, P.C. on

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Haug Partners LLP

2023 in Review at the International Trade Commission

Haug Partners LLP on

Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

Dunlap Bennett & Ludwig PLLC

Apple Watch Imports (Possibly) Banned By The ITC: What Patent Owners Need To Know

Dunlap Bennett & Ludwig PLLC on

Regular consumers now enjoy a front-row seat to the long-running intellectual property dispute between Apple, the tech giant based in Cupertino, California, and Masimo, a medical device company based in Irvine, California....more

Axinn, Veltrop & Harkrider LLP

Reading Tea Leaves: Oral Arguments in Motorola v. Hytera and the Extraterritorial Reach of the DTSA

Axinn, Veltrop & Harkrider LLP on

Last week, the Seventh Circuit heard arguments in Motorola Solutions, Inc. v. Hytera Communications Corp. concerning when, if at all, civil claims under the Defend Trade Secrets Act (“DTSA”) may extend to extraterritorial...more

Rothwell, Figg, Ernst & Manbeck, P.C.

[Webinar] Artificial Intelligence Litigation Risks for the Medical Technology Industry - August 29th, 2:00 pm ET

Rothwell, Figg, Ernst & Manbeck, P.C. on

Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing...more

SECIL Law

Buyer Beware: The Tech Startup Employee Stock Scheme

SECIL Law on

Startup company employees, many in the tech world, need to be aware of a model that financiers and insiders of (typically Delaware) business corporations use to misappropriate contributions employees have made, in the form of...more

Foley & Lardner LLP

Automation, Electrification, and Connectivity: The Auto Industry in the ITC

Foley & Lardner LLP on

Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission (“ITC”), but the scope and subject matter of automotive-related investigations is evolving....more

Proskauer - Law and the Workplace

Lessons Learned From 2022’s Trade Secret Verdicts

Proskauer - Law and the Workplace on

Before closing the book on 2022, we look back at the most significant verdicts issued in trade secret trials this past year. In 2022, several juries awarded extraordinary verdicts to plaintiffs. These verdicts suggest a...more

Morrison & Foerster LLP

Hermès Successfully Defends its Trademark in the Metaverse

Morrison & Foerster LLP on

How far does a trademark extend into the digital art world? French luxury fashion brand Hermès sought to answer this question in its precedent-setting case against artist Mason Rothschild, which concluded with a win for...more

Hogan Lovells

NFT at your service – English court grants service of proceedings by blockchain

Hogan Lovells on

For the first time, the English court has granted permission for service of proceedings to be effected by non-fungible token (NFT) on the blockchain. The option to serve by NFT may be vital for victims of cryptocurrency fraud...more

Greenbaum, Rowe, Smith & Davis LLP

U.S. Department of Justice Takes Aim at Extensive PPP Loan Fraud

Greenbaum, Rowe, Smith & Davis LLP on

What You Need to Know- •The federal government estimates that fraud totals related to the Paycheck Protection Program are as high as $80 billion, due to the fallout from a fast-tracked applicant vetting process that...more

Dechert LLP

Bitcoin fraud: the English Court grants extensive interim remedies to protect investors

Dechert LLP on

The English High Court has granted a combination of powerful remedies including worldwide freezing orders in favour of a UK resident who fell victim to persons unknown operating a suspected cryptocurrency investment scam....more

Proskauer - Corporate Defense and Disputes

SEC Defeats Motion to Dismiss Insider-Trading Complaint Alleging Novel “Shadow Trading” Theory

Proskauer - Corporate Defense and Disputes on

The SEC prevailed on a motion to dismiss a closely watched lawsuit alleging that the defendant had engaged in insider trading based on news about a not-yet-public corporate acquisition when he purchased securities of a...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

Fish & Richardson on

The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Morrison & Foerster LLP

Happy Anniversary, DTSA: The Defend Trade Secrets Act At Five

Morrison & Foerster LLP on

On May 11, 2016, the Defend Trade Secrets Act (“DTSA”) was signed into law with sweeping bipartisan support, passing unanimously in the Senate, and by a vote of 410-2 in the House. In the current political climate, passing...more

Fisher Phillips

New Federal Tools Can Help Private Sector Protect Trade Secrets From Cyberattacks – And May Soon Require Reporting

Fisher Phillips on

Cybersecurity was undoubtably on the forefront of the agenda for many organizations in 2020 – and 2021 should be no different. The rapid shift to remote work over the past year has led to an increased number of cybersecurity...more

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