News & Analysis as of

Trade Secrets

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Foley & Lardner LLP

Cybersecurity in the Age of Industry 4.0 - Part 2

Foley & Lardner LLP on

This is the second article in our two-part series on Cybersecurity in the Age of Industry 4.0, focusing on the legal implications and potential liabilities manufacturers face from cyberattacks, as well as practical...more

Health Care Compliance Association (HCCA)

Privacy Briefs: September 202

Health Care Compliance Association (HCCA) on

The HHS Centers for Medicare & Medicaid Services (CMS) and Wisconsin Physicians Service Insurance Corporation (WPS) are notifying 946,801 people whose protected health information or other personally identifiable information...more

Fox Rothschild LLP

No lawyer, no problem. Justice will still be served.

Fox Rothschild LLP on

Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron) pushed this lawsuit to make a point: if you take our secrets, we...more

Faegre Drinker Biddle & Reath LLP

Trade Secrets to Be Subject to Export Controls Under House-Passed Bill

Faegre Drinker Biddle & Reath LLP on

On September 9, 2024, the U.S. House of Representatives passed legislation that would expand the scope of the Export Control Reform Act of 2018 (ECRA) to include the protection of trade secrets. The one-sentence bill, which...more

Proskauer - New Media & Technology

Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

Proskauer - New Media & Technology on

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct...more

Bodman

Federal Circuit Reinforces Implications of the On-Sale Bar for Patent Owners

Bodman on

The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law....more

Lathrop GPM

Virginia Federal Court Rules It has Subject Matter Jurisdiction Over DTSA Claim Because Foreign Bankruptcy Proceeding Only Stayed...

Lathrop GPM on

A federal court in Virginia recently ruled that it had federal question subject matter jurisdiction over a Defend Trade Secrets Act (DTSA) claim, rejecting Defendants’ argument that a foreign bankruptcy proceeding stayed the...more

Hogan Lovells

IoT update: Implementing the EU Data Act

Hogan Lovells on

The date of application of the EU Data Act is slowly approaching. By 12 September 2025 all IoT providers / manufacturers will need to implement the Data Act. There is still time to carry out the necessary actions to adapt to...more

Smart & Biggar

Protecting trade secrets and confidential business information in Canada

Smart & Biggar on

Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 31: Trade Secrets and Protecting Confidential Information with Jennie...

Maynard Nexsen on

In this episode, our very own Jennie Cluverius sits down with Tina and Christy for part 1 of an in-depth conversation on how employers can protect their most confidential information from misappropriation. Jennie shares her...more

Kilpatrick

4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends

Kilpatrick on

Kilpatrick partners Joel Bush and Michele Floyd recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trade Secret Update: 2024 Legal Developments and Trends.” This session...more

Mayer Brown

Employer's Claim to Enforce Non-Compete and Non-Solicitation Obligations Dismissed by Hong Kong Court

Mayer Brown on

In the recent case of Moxie Communications Limited v. Lai Cheuk Lok [2024] HKDC 1323, an employer (the "Company") sought to enforce two post-termination restrictive covenants ("PTRs") against a former employee (the...more

Epstein Becker & Green

Georgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits

Epstein Becker & Green on

Last summer, as discussed in this blog, the Georgia Court of Appeals issued a decision in N. Amer. Senior Benefits, LLC v. Wimmer that presented potential challenges for employers seeking to enforce employee non-solicitation...more

Sheppard Mullin Richter & Hampton LLP

Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be...

Sheppard Mullin Richter & Hampton LLP on

The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and finding that the trial court committed several legal errors which improperly led...more

Sheppard Mullin Richter & Hampton LLP

Attorney’s Fees May Be Recoverable in Trade Secret Cases, Even Without Damages

Sheppard Mullin Richter & Hampton LLP on

In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable attorney’s fees and costs if expressly permitted in a contract....more

Fish & Richardson

Preparing Your Company for Hatch-Waxman

Fish & Richardson on

The Hatch-Waxman Act regulates the relationship between branded and generic drugmakers and attempts to strike a balance between two competing policy interests — encouraging pioneering drug development and facilitating market...more

Sunstein LLP

Trade Secret Damages Beyond the Actual Loss Suffered by Plaintiffs Become Harder to Obtain

Sunstein LLP on

The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District...more

McDermott Will & Emery

Jury Trial on Legal Issue Denied, But No Harm Done

McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit affirmed a district court’s denial of a jury trial, concluding it was harmless error because the defendant would have been entitled to a directed verdict regardless. Overwell...more

Sunstein LLP

A Large Theft of Trade Secrets Sets a Record: The “Largest Damages Award on the books under the DTSA”

Sunstein LLP on

Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola,...more

Sunstein LLP

The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret...

Sunstein LLP on

On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of...more

Sunstein LLP

Enforcing a Non-Compete Against a Former Employee in California

Sunstein LLP on

What happens when a senior executive leaves a Massachusetts company, with which he has a non-compete, to go to work for a competitor in California, which forbids most non-competes? This question was front and center when...more

Baker Donelson

Top Developments in Trade Secret Law

Baker Donelson on

In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more

Constangy, Brooks, Smith & Prophete, LLP

The FTC noncompete ban is dead. Here are five steps employers should take now.

Constangy, Brooks, Smith & Prophete, LLP on

You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

Dorsey & Whitney LLP on

The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

McDermott Will & Emery on

The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more

3,411 Results
 / 
View per page
Page: of 137
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide