News & Analysis as of

Proprietary Information Intellectual Property Protection

Houston Harbaugh, P.C.

Seismic Shift in Employment and Intellectual Property Rights: FTC’s Nationwide Ban on Noncompete Agreements

Houston Harbaugh, P.C. on

30 million is a BIG number! That is the estimated number of employment contracts that could be impacted by the Federal Trade Commission’s new rule banning non-competes, if it goes into effect on September 4, 2024, as...more

Proskauer - Trade Secrets

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

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

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

Proskauer - Trade Secrets

The Critical Role of Trade Secrets in the Booming EV Industry

Electric car sales in 2023 were 3.5 million higher than in 2022, a 35% increase in one year. The rise in demand for electric vehicles (“EVs”) has prompted many companies to enter the EV battery space. Given the rapid...more

Irwin IP LLP

The Pitfalls of Proprietary Information: Boeing Hit With $72M Trade Secrets Verdict  

Irwin IP LLP on

Zunum Aero, Inc. v. The Boeing Company et al., No. 2:21-CV-00896-JLR, (W.D. Wash. May 30, 2024) - A Washington jury recently issued a $72 million verdict in favor of Zunum Aero Inc. (“Zunum”), a now-defunct aerospace...more

Foley & Lardner LLP

IP Considerations For Companies In Carbon Capture Sector

Foley & Lardner LLP on

When thinking of archetypal unicorns in the technology sector, carbon capture is rarely top of mind. However, a December report by McKinsey & Co. stated that global investment in carbon capture technologies is predicted to...more

Parker Poe Adams & Bernstein LLP

North Carolina Trade Secret Protections Laws Do Not Apply to Out-of-State Conduct

Like most states, North Carolina law protects employers from misappropriation of confidential and proprietary trade secrets. Last month, the North Carolina Business Court (a division of the Superior Court that handles complex...more

Burr & Forman

Blueprint for Change: How the Construction Industry Should Respond to the FTC’s Ban on Noncompetes

Burr & Forman on

In a groundbreaking move aimed at fostering fair competition and empowering workers, the Federal Trade Commission (FTC) issued a final rule last week to ban noncompete agreements nationwide. This ruling may carry profound...more

Eversheds Sutherland (US) LLP

AI Litigation Insights: zvelo, Inc. v Netskope, Inc.

Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Are Customer/Client Lists Protectable Trade Secrets?

Are customer/client lists protectable trade secrets in Arkansas? It depends. Answering this question involves looking closely at the facts and circumstances of each situation. There is some case law examining the legal...more

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

The Pros And Cons Of Protecting AI As Trade Secrets

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

Linda Liu & Partners

Judicial Rules for Determining "Infectiousness" of GPL through Case Studies

Linda Liu & Partners on

GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This...more

BakerHostetler

Byte-Sized Terms: Drafting AI Contracts That Generate Success

BakerHostetler on

As technology continues to evolve, the use of generative artificial intelligence (AI) in business operations is reshaping the way we approach standard tech transactions. The traditional pillars of contract negotiation –...more

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

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

Venable LLP

Advertising Agreements: An Overview

Venable LLP on

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts, and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Fisher Phillips

Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

Fisher Phillips on

The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern...more

Barnea Jaffa Lande & Co.

Material Transfer Agreements: Why They Matter

In the world of scientific research and development, sharing materials between organizations is a common practice. However, when such sharing involves proprietary materials or intellectual property, it becomes important to...more

Frantz Ward LLP

Trade Secrets - Ohio

Frantz Ward LLP on

1. What is the statutory authority for trade secret protection in your state? In 1994, Ohio adopted the Uniform Trade Secrets Act (“OUTSA”), Ohio R.C. § 1333.61, et seq. The OUTSA provides for various remedies to protect...more

Mintz - Intellectual Property Viewpoints

I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation

A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management before filing a trade secret lawsuit, and also highlights some important...more

Foley & Lardner LLP

Structuring IP Licenses to Manage Supply Chain Risks in the Automotive Industry

Foley & Lardner LLP on

In recent years unexpected supply chain disruptions made it difficult for some automotive suppliers to manufacture components needed to fulfill their downstream orders on time and on budget. Although looking to alternate...more

Fisher Phillips

6 Proactive Tips to Address Employee Defection Concerns Before a Crisis Unfolds

Fisher Phillips on

It is often said that the best defense is a good offense. That is certainly true if you are an employer conducting a risk assessment of potential employee defections that could expose your company to losses of valuable...more

Venable LLP

[Webinar] The Ins & Outs of Understanding Data Rights in Advertising Agreements - November 3rd, 2:00 pm - 3:00 pm ET

Venable LLP on

With the now ubiquitous use of data in advertising, it’s more important than ever to understand data as a business asset and how it can be claimed, protected, and managed. Join us for our November Advertising Law webinar...more

Fisher Phillips

Protecting Trade Secrets in Remote and Hybrid Workplaces: 3 Questions Employers Should Be Asking Themselves

Fisher Phillips on

Employers today are coming to terms with what has developed into full-time remote or hybrid work arrangements for many workers. However, you should recognize that the rise of these work arrangements may create additional...more

Wilson Sonsini Goodrich & Rosati

Electronic Gaming Podcast | Employment Issues - Barath Chari and Jason Storck

What’s the difference between an employee and an independent contractor? Does it matter that you hired an engineer for your game in another country? What’s a PIIA? Wilson Sonsini Partners Jason Storck and Barath Chari know...more

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