News & Analysis as of

Trade Secrets › Misappropriation › Corporate Counsel

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 -
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

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

Irwin IP LLP

Money Talks: Trade Secret’s New Extraterritorial Reach 

Irwin IP LLP on

Motorola Sols., Inc. v. Hytera Commc'ns Corp. Ltd., No. 22-2370, 2024 WL 3268954 (7th Cir. July 2, 2024) - The Seventh Circuit has opened the flood gates by allowing trade secret owners to recover damages for foreign sales...more

Proskauer - Trade Secrets

Plead Your Case, Not Your Secrets: A Discussion of Recent Trade Secret Complaints

Proskauer - Trade Secrets on

Taking legal action to protect a trade secret is unlike other intellectual property litigation since what you’re trying to protect is a secret. Plaintiffs must navigate a fine line between pleading their complaint with enough...more

TransPerfect Legal

Trade Secret Protection in Life Sciences: Strategies for Success

TransPerfect Legal on

Late last month, the Association of Corporate Counsel (ACC) hosted a panel on Trade Secret Protection in Life Sciences: Strategies for Success. In today's rapidly evolving business environment, trade secrets are becoming...more

Axinn, Veltrop & Harkrider LLP

Motorola v. Hytera: Seventh Circuit Set to Hear Arguments on the Extraterritorial Reach of DTSA

Axinn, Veltrop & Harkrider LLP on

On December 5, the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. will hear high-stakes arguments concerning the application of the federal Defend Trade Secrets Act (“DTSA”) to trade secrets taken...more

Dorsey & Whitney LLP

Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink...

Dorsey & Whitney LLP on

Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more

McDermott Will & Emery

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...more

Jackson Walker

Second Circuit Narrows Defend Trade Secrets Act Remedies

Jackson Walker on

The Second Circuit just raised the bar for recovering avoided costs as unjust enrichment in a Defend Trade Secrets Act (“DTSA”) case. With a successful DTSA claim, a trade secret owner may obtain an injunction against further...more

McGuireWoods LLP

Circuit Court Strikes Down Liquidated-Damages Agreement in Trade Secret Case

McGuireWoods LLP on

The 11th U.S. Circuit Court of Appeals recently made two rulings that may impact companies using liquidated-damages clauses in their confidentiality agreements to protect their trade secrets....more

Dorsey & Whitney LLP

Poaching Employees Landed Generator Maker into Hot Water

Dorsey & Whitney LLP on

In a recent trade secrets litigation in the United States District Court in the Northern District of California, a jury awarded the plaintiffs 40 million dollars, half of which was punitive damages. The Court also...more

Seyfarth Shaw LLP

Lessons from a Staffing Misappropriation and Non-Compete Trial

Seyfarth Shaw LLP on

Cases don’t try very often. Doubly so in trade secret/non-compete litigation. So many of these disputes get resolved at the injunctive relief phase of the proceeding that, when one goes the distance, it is almost always worth...more

McDermott Will & Emery

A Window into Trade Secret Damages: R&D Costs Can Quantify Unjust Enrichment

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit affirmed a district court’s finding of damages in a trade secrets case under Pennsylvania’s version of the Uniform Trade Secrets Act. The Third Circuit explained that it is...more

McAfee & Taft

Can you keep a (trade) secret?

McAfee & Taft on

Do you know what your trade secrets are worth? If not, it’s time to find out, because those who cannot answer this question may find themselves without a basis for bringing a claim under the Defend Trade Secrets Act (DTSA). ...more

Seyfarth Shaw LLP

Recent Hot Topics and Developments in Trade Secrets Law

Seyfarth Shaw LLP on

There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below....more

ArentFox Schiff

In Government Contracting Dispute, 11th Circuit Affirms $2M Verdict for Breach of Teaming Arrangement and Revives $100M Trade...

ArentFox Schiff on

Last week, the US Court of Appeals for the Eleventh Circuit affirmed a $2 million jury verdict against Boeing in a breach of contract suit by Alabama Aircraft Industries, Inc. (AAI), a former government contracting partner,...more

Wilson Sonsini Goodrich & Rosati

Are Trade Secret Takedowns Real or a Myth?

Wilson Sonsini Goodrich & Rosati on

When you publish electronic software, you frequently worry about copyright infringement. What if your game used sounds, graphics, text, or code from another game? If a competitor believes your game violates copyright, it...more

Holland & Knight LLP

Sixth Circuit Offers Guidance to Distinguish Single Continuing Misappropriation Claim from Multiple Claims

Holland & Knight LLP on

In B&P Littleford, LLC v. Prescott Mach., LLC, No. 20-1449, 2021 WL 3732313 (6th Cir. Aug. 24, 2021) (unpublished), the U.S. Court of Appeals for the Sixth Circuit recently provided guidance as to factors courts should...more

Holland & Knight LLP

Man vs. Machine: Court Examines Bot's Data Scraping as Improper Means of Appropriating Trade Secrets

Holland & Knight LLP on

In Compulife Software Inc. v. Newman, 959 F.3d 1288 (11th Cir. 2020), the United States Court of Appeals for the Eleventh Circuit examined the intersection between technology and improper use or acquisition of trade secrets....more

Saiber LLC

Third Circuit Clarifies Requirements for Pleading a Trade Secret Misappropriation Claim under the Federal Defend Trade Secrets Act

Saiber LLC on

In a recent published, precedential opinion, Oakwood Laboratories LLC v. Thanoo, 999 F.3d 892 (3d Cir. 2021), the Third Circuit clarified the pleading standard necessary to allege a trade secret misappropriation claim under...more

Butler Snow LLP

Tennessee Federal Court Enjoins Misuse of Employer’s Trade Secrets

Butler Snow LLP on

Misappropriation of trade secrets claims often turn on whether the information that was taken is truly a “trade secret.” In considering whether information is a trade secret, courts consider a number of factors, including...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Reminds Plaintiffs to Specify Their Trade Secrets

Wilson Sonsini Goodrich & Rosati on

One of the most common forms of business agreements that our clients enter into is the non-disclosure agreement (NDA). Whether to explore a potential partnership between two companies, to consider a proposed merger or...more

Dorsey & Whitney LLP

Federal Circuit Gives a Makeover to $66 Million Judgment Against Beauty Giant

Dorsey & Whitney LLP on

Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach...more

A&O Shearman

Significant damages judgments highlight the trends of trade secret enforcement in China

A&O Shearman on

The IP Tribunal of the Chinese Supreme Court currently presides over the appeals of all technical IP cases in China. In two recent trade secret judgments, the Supreme Court affirmed the finding of misappropriation and awarded...more

Fenwick & West LLP

Protecting Trade Secrets in the Era of Virtual Meetings

Fenwick & West LLP on

In Smash Franchise Partners v. Kanda Holdings, the Chancery Court of Delaware declined to grant a preliminary injunction related to allegations of trade secret misappropriation, finding that the plaintiff, the founder of...more

100 Results
 / 
View per page
Page: of 4
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