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Trade Secrets › Non-Disclosure Agreement › 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 -
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

Irwin IP LLP

The Pitfalls of Proprietary Information: Boeing Hit With $72M Trade Secrets Verdict  

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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

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

Are Certain Claims Prevented When Bringing a Trade Secret Claim?

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Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation...more

Holland & Knight LLP

Don't Fret (Yet): Trade Secrets, NDAs and Non-Solicits After the FTC Non-Compete Rule

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With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more

BakerHostetler

Trade Secret Litigation: The Power of Protection

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If, as the saying goes, an ounce of prevention is worth a pound of cure, then the insight provided by our Trade Secret Litigation team is weighty counsel that clients are wise to heed. Our attorneys’ understanding of the...more

Axinn, Veltrop & Harkrider LLP

Recognizing Risk: When Pursuing A Competitive Edge Creates Exposure to Trade Secret Claims

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A well-known idiom - widely credited to Ben Franklin in the 1700s - is that an ounce of prevention is worth a pound of cure. Yet, few companies actively train their personnel to recognize the risk of a trade secret...more

Nilan Johnson Lewis PA

My Mom is a Client. When I Move Firms, Can I Wish Her Happy Birthday? How Restrictive Covenants and Trade Secret Laws Can Impact...

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We defend many financial advisory firms and individuals in restrictive covenant and trade secret litigation. When an advisor moves from one firm to another, we help manage legal risk, and, if necessary, defend against the...more

Lewitt Hackman

Franchisor 101: The Secret is Not in the Dough

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A Utah federal judge denied cookie franchisor Crumbl an injunction preventing its competitor, Dirty Dozen, from opening new locations while litigation between the two franchisors was pending....more

Amundsen Davis LLC

Best Practices to Protect Your Intellectual Property When an Employee Leaves the Company

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The current employment market is placing incredible stress on businesses, many of which are struggling to find enough employees to simply cover shifts. Pay increases and higher recruiting costs, consequently, continue to...more

McDermott Will & Emery

If You Can’t Say a Secret under an NDA, Don’t Say It at All

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Considering a trade secret misappropriation claim involving a business pitch that was not subject to a non-disclosure agreement (NDA), the US Court of Appeals for the Sixth Circuit affirmed a district court’s summary judgment...more

Fox Rothschild LLP

A Trade Secret Tale: When a “Gold Mine” is not Worth the Digging

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An employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a “gold mine” it could use “to...more

McDermott Will & Emery

Preliminary Injunction, Meet Irreparable Harm

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The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of...more

Seyfarth Shaw LLP

2022 Trade Secrets Webinar Series: Takeaways & Recordings

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Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. This...more

Houston Harbaugh, P.C.

Dr. Mehmet Oz Introduces Company to Starbucks, Ends in Trade Secret Suit

Houston Harbaugh, P.C. on

A small California company, Balmuccino, LLC, was provided an excellent opportunity to pitch its coffee-flavored lip balm to the Seattle coffee giant Starbucks. Who made the connection? According to the complaint, none other...more

McGuireWoods LLP

Five Key Takeaways: Protection of Trade Secrets

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Whether in the deal room or the workplace, trade secret protection is a critical component of a company’s intellectual property strategy. In some ways, the nature of that protection has evolved in light of the pandemic and an...more

Hendershot Cowart P.C.

Protecting Trade Secrets in Texas: How Do You Identify and Secure a Trade Secret?

Hendershot Cowart P.C. on

To maintain its protection under Texas law, how do you keep a trade secret, secret? Under §134A of the Texas Civil Practice and Remedies Code, also known as the Texas Uniform Trade Secrets Act or TUTSA, a trade secret...more

Morrison & Foerster LLP

Post-TianRui: A Survey of Trade Secret Litigation and Extraterritoriality in the ITC

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In 2011, the Federal Circuit in TianRui Grp. Co. v. Int’l Trade Comm’n affirmed the International Trade Commission’s (ITC) authority to look to extraterritorial conduct of a respondent to determine whether that respondent...more

Fish & Richardson

Crafting a Comprehensive Trade Secret Strategy

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Despite the value trade secrets create for companies that hold them, they are often-overlooked intellectual property assets. But, unlike patents, trade secrets require their owners to take affirmative steps to maintain the...more

Proskauer - Life Sciences

When Nondisclosure Agreements and Pharmaceutical Trade Secrets Intersect

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In the United States, the scale of trade secret theft is estimated to be between $180 billion and $450 billion annually. Among the targets of this theft are pharmaceutical companies, which are some of the most...more

McDermott Will & Emery

NDA Sunset Provision Means Trade Secret Use May Not Be Misappropriation

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The US Court of Appeals for the Ninth Circuit reversed a district court ruling in a trade secret misappropriation case based on a non-disclosure agreement (NDA) that resulted in an award of more than $60 million, ruling that...more

Robins Kaplan LLP

Protecting Your Trade Secrets: Trust but Verify

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Most companies rely heavily on contractual obligations to protect their trade secrets. Employee and vendor agreements typically include non-disclosure provisions. Depending on the state and the nature of an employee’s...more

Fisher Phillips

Protecting Against the Risk of Trade Secret Exposure Arising from Biotech Industry Collaboration

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Biotechnology companies in the healthcare/pharmaceutical realm are in an exceptionally competitive field, with many companies competing against each other for a chance to market similar innovative therapeutics. These...more

Kilpatrick

Pitfalls To Avoid When Drafting And Enforcing NDAs

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Although seemingly commonplace, nondisclosure agreements have been subject to increasing litigation in recent years. Businesses often default to using boilerplate NDAs without careful consideration of the specific...more

Holland & Knight LLP

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

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A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more

Obermayer Rebmann Maxwell & Hippel LLP

What Employers Need to Know to Safeguard Their Trade Secrets

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The protection of trade secrets and other confidential information is important to the bottom line of every company, whether a Fortune 100 corporation or a small business. In furtherance of that objective, this post gives...more

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