News & Analysis as of

Trade Secrets Misappropriation

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 -

Washington State’s Legislature Rains On Non-Compete Critics’ Parade Yet Again

by Seyfarth Shaw LLP on

For the third year in a row, the Washington state legislature failed to pass non-compete legislation, declining to take action on two separate bills that would have severely restricted employers’ ability to enforce former...more

UKIPO consultation paper contains unexpectedly wide-ranging proposals on new trade secrets law (responses by 16 March 2018)

by Hogan Lovells on

The UKIPO has this week issued a consultation paper on the proposed UK Trade Secrets (Enforcement, etc.) Regulations 2018. The consultation seeks the views of interested parties on the draft Regulations which are intended to...more

NC Business Court: Choice Of Law Dooms Trade Secrets Claim

by Brooks Pierce on

What choice of law rule applies to trade secrets claims? No North Carolina appellate court has answered that question, but Judge Robinson of the NC Business Court stepped into that breach in his Opinion in SciGrip v. Osae,...more

Lessons From The Waymo v Uber Trade Secrets Trial

by Fisher Phillips on

Just hours after the Eagles clinched their upset Super Bowl win over the Patriots, a different battle royale began in a San Francisco courtroom between an established juggernaut and its upstart rival. For techies and trade...more

Intellectual Property Tailwinds Continue To Favor Section 337 Enforcement Actions Before The International Trade Commission

by Dickinson Wright on

Section 337 intellectual property enforcement actions before the International Trade Commission (“ITC”) continue to gain in popularity....more

Uber and Waymo Settle Trade Secret Dispute

by Tucker Arensberg, P.C. on

On February 9, 2018, Uber and Waymo agreed to settle their closely watched trade secret dispute related to self-driving car technology. As part of the settlement, Uber has agreed not to use any Waymo confidential information...more

Space Systems Loral to Proceed with Trade Secret Theft Lawsuit Against Orbital ATK

Daniel Wilson of Law360.com reported on Friday, February 2nd, that U.S. District Judge Raymound A. Jackson “trimmed two claims from space technology company SSL’s suit accusing rival Orbital ATK of stealing its trade secrets...more

Automation Of Our Auto Nation: New Tech Requires A New Look At Trade Secret Laws

Self-driving cars—once a thing of the future—are now becoming a reality. And, as with any new technology, there is a learning curve. Once consumers are able to test out new products, they adapt, preferences change, and what...more

Report on Sedona Conference on Trade Secrets

by Seyfarth Shaw LLP on

On December 6-8, the inaugural Sedona Conference on trade secrets took place in Scottsdale, Arizona. The invitation-only conference brought together outside counsel, in-house counsel, and experts to have an in-depth...more

ITC finding of trade secret misappropriation precludes party from relitigating issue in court, WI federal court rules

by Dentons on

In a recent ruling in a case of first impression, Manitowoc Cranes LLC v. Sany America Inc., Case Nos. 13-cv-677 & 15-cv-647 (E.D. Wisc. Dec. 11, 2017), the US District Court for the Eastern District of Wisconsin held that a...more

Loving the Competition

by Sherman & Howard L.L.C. on

In a recent case, with some rather salacious details, the Third Circuit had the opportunity to examine employee liability under the Computer Fraud and Abuse Act (CFAA). Teva received a tip from a competitor’s former employee...more

Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

by Farrell Fritz, P.C. on

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame...more

International Trade Commission Becomes Even More Potent Venue for Victims of Trade Secret Misappropriation

Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those...more

The Rise of Trade Secret Litigation in the Digital Age

U.S. courts have recognized trade secret protection for more than 200 years, and companies have long relied on trade secrets to guard iconic intellectual property, such as the ingredients for Coca-Cola and the Big Mac’s...more

Upon Reflection, Some Trade Secrets May Be Less Secret Than They Appear

A recent case in Florida is a reminder that when dealing with government entities, trade secrets may be disclosed to the public, especially if that information has been aggregated. ...more

Federal Judge Refuses To Close Courtroom During Trade Secret Trial Between Silicon Valley Titans

by Ballard Spahr LLP on

In a closely watched trial in which Waymo LLC—a subsidiary of Google’s parent company, Alphabet—has sued Uber for theft of trade secrets, a California federal judge has denied Waymo's motion to close the courtroom to the...more

Rising Tensions As Trump Administration Prepares To Announce Results Of Section 301 Trade Investigation Into China’s Alleged...

As we previously reported, on August 14, 2017, President Trump signed an executive memo asking U.S. Trade Representative Robert Lighthizer to determine whether to launch an investigation into China’s alleged theft of...more

Stealing Data Without Depriving the Owner of Access Does Not Amount to Conversion

New York recognizes conversion claims based on intangible property, such as electronically stored information or trade secrets.[1] But does a conversion claim exist when the theft of the intangible property does not deprive...more

Court Denied Preliminary Injunction To Breach-Of-Fiduciary-Duty Plaintiff Due To Delay In Seeking Relief

by Winstead PC on

In Embarcadero Techs., Inc. v. Redgate Software, Inc., a former employer sued four former employees and their new employer for a number of claims, including breach of fiduciary duty and aiding and abetting breach of fiduciary...more

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

by Jones Day on

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

Does Misappropriation Of Trade Secrets By A Former Employee Constitute A Per Se Violation Of Section 75-1.1?

by Ellis & Winters LLP on

As we have explored, a party that tries to prove a violation of N.C. Gen. Stat § 75-1.1 in connection with an employment matter faces some serious obstacles. A recent decision from the U.S. District Court for the Western...more

Federal Court Dismisses Breach of Fiduciary Duty Claim Because It Was Preempted By The Texas Uniform Trade Secret Act

by Winstead PC on

In Embarcadero Techs., Inc. v. Redgate Software, Inc., four employees left their employer and began working at a new company. No. 1:17-cv-444-RP, 2018 U.S. Dist. LEXIS 1902 (W.D. Tex. January 5, 2018). ...more

Worse Than A Toothache: Dental Executive Alleged To Have Misappropriated Proprietary Business Leads

Earlier this month, a Nashville, Tennessee company filed a federal lawsuit against its former employee alleging trade secrets misappropriation under the Defend Trade Secrets Act, among other claims. ...more

Trade Secret Suit May Continue Despite Arbitration Clause in Employment Agreement

The Federal Circuit affirmed a California court’s decision that Waymo and Uber were not required to arbitrate their trade secret dispute. An employment agreement between Waymo and one of its former employees who left to join...more

Trade Secrets And Start-Ups: What To Do When Secrets Walk Out The Front Door

Start-ups often face a complex relationship with their trade secrets. Many of the strengths of early stage start-ups, such as collaborative work among a small number of business partners and open access to proprietary...more

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