Why Your Data is Key to Reducing Risk and Increasing Efficiency During Investigations and Litigation
The 'Secrets' of Trade Secrets in Government Contracting
Does Cellular 5G Equal 5x the Fraud and Misconduct Risk?
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Protecting trade secrets in any business is critical, but the stakes are higher in life sciences. Given the high focus on innovation in the industry, corporate espionage can result in devastating financial and reputational...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of December 8-14. Here’s what’s...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
A temporary restraining order (“TRO”) followed by a preliminary injunction is often essential for a company to maintain the trade secrets status of its information that is being misappropriated. Typically, once the...more
Finding errors in the lower court’s jury instructions and evidentiary rulings, the Virginia’s Court of Appeals struck down a $2 billion trade secrets award, the largest trade secrets verdict in the state’s history. Despite...more
In the world of business, safeguarding your company’s valuable information is crucial to maintaining a competitive edge. One of the most important assets a company can have is its trade secrets. But what exactly are trade...more
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
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
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
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
With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more
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
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
A Utah federal judge denied cookie franchisor Crumbl an injunction preventing its competitor, Dirty Dozen, from opening new locations while litigation between the two franchisors was pending....more
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
At the beginning of the pandemic, concerns were raised that trade secret misappropriation might take a new form. Indeed, with large swaths of the workforce working from home, spouses, roommates, or others living in the same...more
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
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
A recent decision from the Manhattan Commercial Division reminds us that although punitive damages are generally not recoverable in New York, certain circumstances require that they be awarded. In Hall v Middleton,...more
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
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
A review of significant developments, cases, and verdicts throughout the United States in 2021 in trade secrets law - With shades of Tom Hanks’ befuddled protest in a League of Their Own, the Houston Astros bellowed that...more
When most companies think about how to protect their proprietary information and inventions, the first (and most obvious) option is to file for patent protection. However, as recent court cases make clear, trade secret law...more
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
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