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Trade Secrets › Confidential Information › Intellectual Property Protection

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 -
Smart & Biggar

Protecting trade secrets and confidential business information in Canada

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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...

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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

Baker Donelson

Top Developments in Trade Secret Law

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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

UB Greensfelder LLP

Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most...

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*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets...more

UB Greensfelder LLP

Your Trade Secret IP Stands Between You and Your Competition. The September 4, 2024 FTC Rule Bans Most Non-Competes. Has the FTC...

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Trade secrets exist, by definition, only if the owner takes reasonable measures to maintain their secrecy. This is true under the Federal, State and Uniform Trade Secret Acts. Companies have traditionally used...more

Baker Donelson

Trust, but Verify: The Power of Audits to Protect Your Competitive Edge as Non-Compete Ban Looms

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Corporate leaders concerned about protecting the recipe for their company's success have been following the fitful path of the FTC's rule banning non-competes. Lawsuits seeking to enjoin the rule were filed in multiple...more

Proskauer - Trade Secrets

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

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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

Saul Ewing LLP

Virginia Appeals Court Reverses $2 Billion Jury Award to Appian in Trade Secrets Misappropriation Case

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Introduction - In May 2022, a jury in the Circuit Court for Fairfax County, Virginia awarded Appian Corp. (Appian) in excess of $2 billion in damages from Pegasystems, Inc. (Pegasystems) for misappropriating Appian’s trade...more

Jones Day

JONES DAY PRESENTS®: Employer Options in a Non-Noncompete World

Jones Day on

Recent federal and state regulations have restricted employers' use of noncompete agreements, which in part are designed to protect trade secrets. The U.S. Federal Trade Commission's final rule, which broadly prohibits the...more

Baker Botts L.L.P.

When Algorithms Meet Regulators - The Unexpected Vulnerability of AI Trade Secrets

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Companies deploying and developing Artificial Intelligence (“AI”) face a critical intellectual property dilemma: How should I protect AI trade secrets in a regulatory landscape that demands transparency?...more

Mandelbaum Barrett PC

The Essential Guide to Non-Disclosure Agreements: Protecting Your Business Ideas and Partnerships

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Have you ever worried about the safety of your business secrets when discussing your innovative ideas with potential partners, and vendors, or hiring new employees?...more

Dinsmore & Shohl LLP

A Cautionary Tale of Taking the Preliminary Injunction Gambit with Unclear Trade Secrets

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Recently, the U.S. Court of Appeals for the Federal Circuit provided a cautionary tale for trade secret owners who seek preliminary relief against a competitor who hires its former employees but do not clearly articulate the...more

Fisher Phillips

Motorola Wins Massive $407M Award in International Trade Secrets Dispute: 10 Tips for Employers to Protect Your Data

Fisher Phillips on

A federal appeals court recently applied a U.S. trade secrets law to sales outside the country, finding that Motorola was entitled to $407 million in damages from a foreign competitor for trade secrets misappropriation. A...more

Haug Partners LLP

Specificity Required for Trade Secret Protection under the DTSA: An Attempt to Protect “Confidential Information” Dooms...

Haug Partners LLP on

On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully...more

Irwin IP LLP

District Court Injects Six Errors into Four-Factor Preliminary Injunction Test 

Irwin IP LLP on

Insulet Corp. v. EOFlow, Co. Ltd., 2024-1137 (Fed. Cir. June 17, 2024) - The Court of Appeals for the Federal Circuit (“CAFC”) recently reversed the U.S. District Court for the District of Massachusetts (“District...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

Epiq

Confidential Business Information: Protecting an Organization’s Most Valuable Secrets

Epiq on

When it comes to the true source of a company’s value, it’s not necessarily in the products or the services they offer, nor is it in the brand they’ve carefully developed. The core of a company’s value is in the trade secrets...more

Epstein Becker & Green

What Should Employers Be Doing Now to Best Protect Their Business Interests?

Epstein Becker & Green on

Part 3 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the final installment of our three-part series discussing employers’ most frequently asked questions in...more

Fish & Richardson

The Basics of Trade Secrets

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Major League Baseball (MLB) pitchers do not use brand new baseballs. They need a solid grip to prevent wild pitches, and out-of-the-box baseballs are too slick. So to prepare a baseball for game use, an equipment manager rubs...more

Fenwick & West LLP

Federal Circuit Provides Guidance on Trade Secrets Issues

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Every once in a while, the U.S. Court of Appeals for the Federal Circuit handles a trade secrets case. In a decision published Monday, the court reversed the grant of a preliminary injunction relating to insulin pump patches....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

Baker Donelson

Trade Secret Protection Plans Provide Certainty to Employers

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Baker Donelson recently published an article called "The End of Non-Competition Agreements? Not so Fast!" The article summarizes the Federal Trade Commission's (FTC) final rule prohibiting most employers from binding the...more

Dorsey & Whitney LLP

A Cautionary Tale of Contempt Proceedings for Potential Violation of a Standard Protective Order in Trade Secrets Litigation

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Though litigants routinely enter into stipulated protective orders in the course of discovery that may involve sensitive company information (or even trade secrets), a recent ruling is a cautionary tale on the potential...more

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

Do You Need to Have a Contract to Bring a Trade Secret Claim?

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Do you need to have a contract to bring a trade secret claim? No. Arkansas law protects trade secrets whether there is a contractual agreement to protect them or whether no such written agreement exists...more

Buchalter

Pivot, Don’t Panic: How Employers Should Respond to the FTC’s Ban on Non-Compete Agreements

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On April 23, 2024, the Federal Trade Commission approved and issued its final rule effectively banning employers’ use of non-compete agreements (subject to very few exceptions). The rule becomes effective 120 days after...more

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