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Trade Secrets › Injunctive Relief

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 -
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

McDermott Will & Emery

Back in the USA: Seventh Circuit Lifts Sanctions, Anti-Suit Injunction Contempt

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The US Court of Appeals for the Seventh Circuit stayed a district court’s contempt sanctions relating to an anti-suit injunction violation, finding that the adjudicated infringer had done all it could to withdraw from the...more

Lewitt Hackman

Franchisee 101: Braking The Competing Business

Lewitt Hackman on

A Massachusetts federal district court enforced a non-compete provision in a franchise agreement to enjoin former franchisees from operating a different branded automotive business at the same location as the former...more

Eversheds Sutherland (US) LLP

AI Litigation Insights: zvelo, Inc. v Netskope, Inc.

Eversheds Sutherland (US) LLP on

Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings....more

White & Case LLP

Notice May Be Required for California Employees Subject to Non-Competes

White & Case LLP on

California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more

Mintz - Employment Viewpoints

Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to Do and What to...

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Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2023

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Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more

Proskauer - Law and the Workplace

[Podcast]: In a World Without Non-Competes

Proskauer - Law and the Workplace on

In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor &...more

Vondran Legal

Arizona trade secret law

Vondran Legal on

Most states have a law that protects trade secrets. California, for example, has CUTSA (California Uniform Trade Secret Act). Arizona has the Arizona Uniform Trade Secrets Act ("AUTSA") found in chapter 4 of title 44 of the...more

Foley & Lardner LLP

Can Law Firms Prohibit Attorneys from Soliciting or Servicing Clients Because of Trade Secret Misappropriation?

Foley & Lardner LLP on

As we recently highlighted, trade secret misappropriation lawsuits brought by law firms against departing attorneys are not a new phenomenon, but the number and intensity have increased over recent years. Our last...more

Foley & Lardner LLP

No Non-Competes for Lawyers? Trade Secret Misappropriation Lawsuits against Big Law Lawyers and Firm Management on the Rise

Foley & Lardner LLP on

The legal profession reigns as the primary protector of client choice. No other profession — including doctors and accountants — protect the client’s choice of advisor as rigorously as legal governing bodies, with restrictive...more

Holland & Knight LLP

The "Inevitable Disclosure" Doctrine and the DTSA

Holland & Knight LLP on

The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more

Foley Hoag LLP

Two Circuit Courts Award Millions in Damages in Trade Secrets Cases, Utilizing Different Valuation Methods

Foley Hoag LLP on

Trade secret law affords plaintiffs flexibility in fashioning a damages calculation. As detailed in the Defense of Trade Secrets Act, remedies can include (1) injunctive relief, (2) damages for the plaintiff’s actual loss,...more

McDermott Will & Emery

Play It Again and Again (Sam): Meanwhile No Injunction, No Fees

McDermott Will & Emery on

In its third opportunity to review the district court’s decision in this trade secret case involving flooring, the US Court of Appeals for the Eleventh Circuit again reversed, this time vacating a permanent injunction and an...more

Foley & Lardner LLP

Supply Chain Shortages: How Wrongdoers Can Steal Your Secrets

Foley & Lardner LLP on

For months, companies in all industries have been talking about indefinite global supply chain disruptions and worker shortages. This is particularly true in the energy industry, with oil prices surging even before Russia...more

Sheppard Mullin Richter & Hampton LLP

Illinois Court Finds China Inadequate Forum For Trade Secret Misappropriation Claims Against Chinese Tech Company

Sheppard Mullin Richter & Hampton LLP on

Amidst long-simmering diplomatic tensions between China and the United States, disputes arising out of Chinese companies’ alleged theft of technological trade secrets from rival American companies have found their way to...more

Kerr Russell

What To Know About The US International Trade Commission

Kerr Russell on

The International Trade Commission (ITC) of the United States is an independent and quasi-judicial federal agency that handles a range of trade-related matters. The main functions of ITC are to investigate and make...more

Fisher Phillips

Driving Away Business: Employee Furloughed During COVID-19 Accused Of Misappropriating Trade Secrets While Opening Competing...

Fisher Phillips on

An Ohio driving school has recently filed an action alleging that its former employee retained its trade secrets after being furloughed amid COVID-19 and then used these materials to open a competing driving school. For...more

Fisher Phillips

Will Supreme Court Enforce Law And Order In The Digital Workplace?

Fisher Phillips on

Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more

McAfee & Taft

When is hiring a competitor’s employee ‘racketeering’?

McAfee & Taft on

When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more

Seyfarth Shaw LLP

Fifth Circuit Holds that Reformation of Texas Non-Competes Is Authorized, and Perhaps Required, at Preliminary Injunction Stage

Seyfarth Shaw LLP on

On August 7, 2020, the Fifth Circuit addressed an issue presently undecided by the Texas Supreme Court; namely, whether reformation of an overbroad non-compete restriction is appropriate, and perhaps even required, at the...more

Seyfarth Shaw LLP

Not so Pretty: Cosmetic Company Acquisitions Lead to Contentious Trade Secret Spat

Seyfarth Shaw LLP on

At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more

Seyfarth Shaw LLP

Protecting Trade Secrets Without Breaking the Bank (Or Even Negatively Affecting Profits)

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As a result of the COVID-19 crisis, and the effective shut down of most of the US economy over the past several weeks (and for the foreseeable future), many companies are currently hemorrhaging cash, others may be temporarily...more

Seyfarth Shaw LLP

Emergency Injunction Not in the Cards? Damages May Be Your Winning Hand

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As we have previously reported, courts across the country are adjourning most appearances, including trials, and hearing only “emergency matters” during the current COVID-19 crisis. ...more

Seyfarth Shaw LLP

Pardon Me, Co-Packaging Partner Accused of Stealing Dijon Mustard Recipes

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On February 25, 2020, Plaintiff Mustard Girl LLC (“Mustard Girl”), an award-winning mustard manufacturer, filed a lawsuit in the Circuit Court of Cook County for damages against its former co-packing partner, Olds Products...more

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