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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 -

Legal Issues Related to the Development of Automated, Autonomous, and Connected Cars

by Jones Day on

As interest in autonomous vehicles accelerates, and as the related technologies evolve, the vehicles' manufacturers and their suppliers are preparing to encounter a broad range of legal issues. This Jones Day White Paper...more

The Law Against Unfair Competition Amendment

by Allen & Overy LLP on

On November 4, 2017, at the 30th session of the Standing Committee of the 12th National People’s Congress (“NPC”) of China, the NPC approved a bill to amend the Law Against Unfair Competition, effective on January 1, 2018...more

Is There Automatic Civil Liability For A Data Breach?

by Fisher Phillips on

No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

IP in the Food & Beverage Industry

by Ladas & Parry LLP on

Snack foods, packaging and bottling equipment, recipes and restaurants are all part of one of the world’s largest industries. The food sector plays an essential role in the economies of many countries, accounting for multi...more

Federal Circuit Review - October 2017

by Knobbe Martens on

Federal Circuit Denies En Banc Rehearing in Mentor Graphics v. EVE-USA - In Mentor Graphics Corp. v. Eve-USA, Inc., Appeal Nos. 2015-1470, 2015-1554, 2015-1556, the Federal Circuit denied Synopsys’ and EVE’s petition for...more

Becoming a Unicorn Fintech by Shoring Up Intellectual Property

Investment in fintech companies is at an all-time high. “Unicorns” are start-ups that have valuations of more than 1 billion dollars. The majority of the unicorns are in the fintech industry. Fintech companies are often agile...more

4 Top Takeaways: Considerations for a Trade Secret Plaintiff

Kilpatrick Townsend partner Audra Dial recently gave a presentation addressing important considerations for trade secret plaintiffs. Top takeaways from the presentation, include: As a plaintiff asserting trade secret...more

USE IT OR LOSE IT! Enforce Your Arbitration Agreement Or Waive Your Right To Arbitrate Your Trade Secret Misappropriation Claims

Earlier this month, a federal court in the Middle District of Tennessee denied an employer’s motion to compel arbitration, finding that it waived its right to arbitration by engaging in litigation....more

Digital Health Report - Fall 2017

Digital health is the convergence between healthcare, genomics, and digital technologies. It is a fast-growing sector with important implications for individuals and institutions alike. Whether it is hospitals and health...more

Non-Compete Legislation Update: Why Choices of Law and Forum are a Big Deal

On October 31, 2017, the Joint Committee on Workforce and Development once again held a hearing to discuss the possibility of legislative changes to Massachusetts non-competition and trade secrets laws. There were several...more

Intellectual Property Bulletin - Fall 2017

by Fenwick & West LLP on

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

Tenth Circuit Significantly Narrows Scope of Injunction Cases Where Irreparable Harm is Presumed

by Littler on

On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more

More Bumps in the Road for Uber along the Trade Secret Highway

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a California district court decision denying a trade secret defendant’s motion to compel arbitration based on a prior employment agreement between the plaintiff and an...more

AEO Designations: A Balance Between Protecting Trade Secrets And Allowing Defendants To Defend Themselves

Whenever a trade secret owner asserts its rights in court against a party alleged to have misappropriated the trade secret, there is always a risk that the trade secret will be publicly disclosed during discovery or during...more

Is Customer Information A Trade Secret? Not So Fast!

by Farrell Fritz, P.C. on

Under what circumstances do customer information and business operations constitute “trade secrets” that may be enjoined from use by a former employee ? A recent decision by Justice Elizabeth H. Emerson on this issue serves...more

FDA to Rely on Drug Inspections Performed by Certain European Regulatory Authorities Beginning November 1, 2017

by Hogan Lovells on

Earlier yesterday, FDA announced that it has determined that the regulatory authorities of Austria, Croatia, France, Italy, Malta, Spain, Sweden, and the United Kingdom are “capable of conducting inspections of...more

Food & Beverage Litigation Update | October 2017 #4

by Shook, Hardy & Bacon L.L.P. on

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

Protecting Cannabis Strains in Canada: A Growing Concern

Entrepreneurs and investors are quickly seeking to capitalize on what has been coined the “Green Rush” to the cannabis market. Those who finance, develop, produce and sell cannabis or cannabis derivatives should be cognizant...more

Jury Finds ‘Local’ Ad Claim Misses the Mark

Can a claim using the word “local” constitute false advertising? - That question was recently asked in Utah federal court as part of a recent lawsuit involving bread products. Leland Sycamore invented the formula for...more

Bread Company Litigation Over “Grandma’s Recipe” Ends With $2.1 Million Trade Secrets Verdict

On October 6, 2017, a federal jury in Utah entered a $2.1 million trade secret verdict in favor of Bimbo Bakeries USA. Following a trial that wrapped up more than four years of litigation, the jury concluded that defendant...more

Defending Trade Secrets In The Gig Economy

by Fisher Phillips on

Waking up to news of another major data breach seems to have become a daily routine. On the front pages and cable news, we hear about hackers, rogue governments, and shadowy figures involved with these data breaches. But too...more

Keys to the Kingdom: How Confidentiality Agreements Are Key to Keeping Business Information Secret

by Payne & Fears on

In today’s business environment, greater employee mobility and technological advances underscore the need to protect a company’s confidential information and trade secrets. Stories of employees departing with confidential...more

Court Of Chancery Explains Long-Arm Jurisdiction Based On Creating A Subsidiary

by Morris James LLP on

The Dow Chemical Company v. Organik Kimya Holding A.S., C.A. No. 12090-VCG (Oct. 19, 2017) - Under the Papendick v. Bosch decision, incorporating an entity in Delaware may give rise to long-arm jurisdiction over the...more

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Trade Secret Misappropriation By Ex-Employees In China: How To Confront “Inside Theft”

Article 123 of the General Provisions of the Civil Law of the People’s Republic of China (effective Oct. 1, 2017) confirmed that trade secrets are intellectual property, signifying China’s recognition of the importance of...more

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