News & Analysis as of

Proprietary Information Corporate Counsel

Dorsey & Whitney LLP

Poaching Employees Landed Generator Maker into Hot Water

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In a recent trade secrets litigation in the United States District Court in the Northern District of California, a jury awarded the plaintiffs 40 million dollars, half of which was punitive damages. The Court also...more

McDermott Will & Emery

No Breach of Contract Where Company Disclosed Its Own Non-Public Information

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trade secret lawsuit against a consultant that allegedly failed to prevent its client from disclosing its own proprietary information...more

Womble Bond Dickinson

Delaware Court: Redactions in Court Filings Should Not Be an Afterthought

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Last week US District Court Judge Richard Andrews rejected two separate parties’ filings in the District of Delaware because portions were redacted in their entirety. This practice applies universally to all District of...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Reminds Plaintiffs to Specify Their Trade Secrets

One of the most common forms of business agreements that our clients enter into is the non-disclosure agreement (NDA). Whether to explore a potential partnership between two companies, to consider a proposed merger or...more

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

Maryland Prohibits Noncompetes for Low-Wage Employees

A new state law in Maryland now prohibits employers from requiring low-wage employees to enter into noncompete agreements. Maryland Senate Bill 328, which took effect on October 1, 2019, prohibits employers from obligating...more

Gray Reed

Who Pays When Your New Employee Brings Your Competitor’s Trade Secrets?

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Days ago, engineer Anthony Levandowski was indicted on criminal charges accusing him of stealing information from Google-owned Waymo and taking it to Uber. While the indictment alleges he downloaded 14,000 documents...more

Jackson Lewis P.C.

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

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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

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

Seyfarth Shaw LLP

That’s a Wrap: California Federal Court Grants TRO Against Former Employee for Trade Secret Misappropriation

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A California federal district court recently granted a temporary restraining order (“TRO”) against a former employee for misappropriating proprietary and confidential information in violation of the Defend Trade Secrets Act...more

Burns & Levinson LLP

Consider Liquidated Damages to Deter Employees From Misappropriating Company Information

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It is not unusual for employment agreements to mandate that when an employee leaves a company, whether voluntarily or by termination, he or she must return all company information. As the employer in EventMonitor v. Leness...more

Foley Hoag LLP

SJC Finds that Employee’s Unauthorized Copying of Proprietary Information Did Not Give Employer Grounds to Discontinue Severance

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On February 4, 2016, the Massachusetts Supreme Judicial Court (SJC) held in Eventmonitor, Inc. v. Leness that an employer breached its agreement with a former employee when it reclassified the employee’s termination from...more

Baker Donelson

Maintaining the Magic: Disney's Use of Confidentiality Restrictions to Promote Character Integrity

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When your business depends on a carefully-crafted public image, you do not want the public to know how hard you work to maintain that image. These days, that includes preventing your employees from revealing too much via...more

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