Software Escrow: An enterprise resiliency tool every legal department should have in their toolbox (with Don Dennis Jr.)
IP|Trend: Discovering Source Code
In Compulife Software Inc. v. Newman, 959 F.3d 1288 (11th Cir. 2020), the United States Court of Appeals for the Eleventh Circuit examined the intersection between technology and improper use or acquisition of trade secrets....more
Trade secrets can be stolen at any point, and such theft can be prosecuted by the Department of Justice. This is evident in recently unsealed charges brought against a software engineer who stole source code from his United...more
On May 3, 2019, following a jury verdict rendered last November, a Santa Clara, California court entered a final judgment for $845 million in favor of semiconductor maker, ASML, in its suit against rival, XTAL, for stealing...more
Court rules that WeRide is likely to prevail on merits of its trade secret misappropriation claims against competitors - In a trade secret misappropriation case between two autonomous vehicle companies, the Northern...more
Theft of trade secrets typically spurs civil actions against the offender, but theft of trade secrets can also be prosecuted criminally under the Economic Espionage Act, 18 U.S.C. § 1831 et seq. (the “Act”) and other related...more
What is a “tangible reproduction or representation”? This was the question that New York state’s highest court confronted when it heard the case of a former Goldman Sachs employee who had misappropriated the company’s source...more
The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more
On April 20, 2017, the New York Court of Appeals issued a brief order continuing former Goldman Sachs programmer Sergey Aleynikov’s eight-year voyage through the state’s and country’s legal systems. Here’s the issue: does...more
Sergey Aleynikov, a former computer programmer at Goldman, Sachs & Co., has been on a legal roller coaster for the past few years. In the span of few days, that roller coaster plummeted steeply—twice. First, on January...more
In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more