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Trade Secrets › Misappropriation › Jurisdiction

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 -
Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

Womble Bond Dickinson on

The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Trade Secrets at the ITC - November 15th, 1:00 pm - 2:00 pm ET

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Directors Uma Everett and Paul Ainsworth will present the “Trade Secrets at the ITC” webinar on Wednesday, November 15, 2023, at 1:00 PM (EDT). During the webinar, attendees will understand strategic considerations...more

McDermott Will & Emery

Head East: Contract Disputes Act Claims Must Be Filed in DC

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more

Mintz - Intellectual Property Viewpoints

An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA

Mintz - Intellectual Property Viewpoints on

Federal courts remain split on whether the Defend Trade Secrets Act (DTSA) allows for trade secret misappropriation claims brought under a theory of inevitable disclosure. Given this current patchwork of treatment of...more

Fox Rothschild LLP

Business Court Confirms The “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain A Rarity

Fox Rothschild LLP on

As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, Inc., 2021 NCBC 2, the Court...more

Robins Kaplan LLP

[Webinar] Conversation on Cross-Border IP Protection and Enforcement Session II | Key Issues in Cross-Border Trade Secret...

Robins Kaplan LLP on

Trade secret protection provides an alternative avenue to protect company investments in technology innovation and its marketplace advantage. But not everything that is considered company confidential is necessarily a trade...more

Orrick - Trade Secrets Group

ITC’s Expansive Reach over Trade Secrets Developed and Misappropriated Abroad

Orrick - Trade Secrets Group on

Trade secret protections are a powerful tool for companies seeking to police international theft of their intellectual property. The United States International Trade Commission (“ITC”) recently re-affirmed this, when...more

Holland & Knight LLP

The Duty of Confidentiality and the Choice of Law

Holland & Knight LLP on

The District of Rhode Island answered an interesting question recently: which jurisdiction's law should define the duty of confidentiality owed to an employee's Italian-based former employer? Here, the plaintiff asserted...more

Mintz - Intellectual Property Viewpoints

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

Mintz - Intellectual Property Viewpoints on

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

Morris James LLP

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

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

Ladas & Parry LLP

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

Ladas & Parry LLP on

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

Cozen O'Connor

2016 DTSA: Providing Manufacturers with New Avenues to Protect Trade Secrets

Cozen O'Connor on

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which provides a federal civil cause of action to manufacturers for the misappropriation and theft of trade secrets under the...more

McAfee & Taft

The Defend Trade Secrets Act of 2016: Implications for business, employers and employees

McAfee & Taft on

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama promises to sign soon. This proposed legislation, which is designed to be an expansion of the Economic Espionage Act of 1996, would...more

Snell & Wilmer

If the Defend Trade Secrets Act Becomes Law, How Will it Affect Trade Secrets in Arizona?

Snell & Wilmer on

If enacted, the federal Defend Trade Secrets Act (“DTSA”) could change how some trade secret misappropriation claims are litigated in Arizona. Trade secret plaintiffs generally must bring claims for misappropriation in state...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 4 – A decision in Schlumberger, sort of

Gray Reed on

Since we published Part 3 that discussed the details of an interesting case here in Houston, Schlumberger v. Rutherford, the First Court of Appeals issued its opinion on Tuesday. The best description of the decision is a...more

Orrick - Trade Secrets Group

It’s Not Just For Patents Anymore: Using The ITC To Combat Theft Of Trade Secrets

Orrick - Trade Secrets Group on

Trade secret theft knows no borders in an age of cybertheft and global corporate espionage....more

Foley & Lardner LLP

Fifth Circuit Affirms Dismissal of International Trade Secret Dispute

Foley & Lardner LLP on

Even as the Obama administration is announcing an effort to crack down on international trade secret theft, the Fifth Circuit has released a ruling reminding companies just how difficult it can be to go to court on their own...more

Downs Rachlin Martin PLLC

Speaking Of . . . Trade Secrets - Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over...

Downs Rachlin Martin PLLC on

An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut. In...more

Downs Rachlin Martin PLLC

Speaking Of . . . Trade Secrets - Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over...

Downs Rachlin Martin PLLC on

An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut. In...more

McDermott Will & Emery

IP Update, Vol. 16, No. 2, -- February 2013

McDermott Will & Emery on

In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more

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