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Trade Secrets › Policies and Procedures

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 -
Fish & Richardson

Preparing Your Company for Hatch-Waxman

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The Hatch-Waxman Act regulates the relationship between branded and generic drugmakers and attempts to strike a balance between two competing policy interests — encouraging pioneering drug development and facilitating market...more

Sheppard Mullin Richter & Hampton LLP

AI Considerations in Government Contract Related M&A Transactions

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As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted...more

TransPerfect Legal

Trade Secret Protection in Life Sciences: Strategies for Success

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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

Schwabe, Williamson & Wyatt PC

AI rise increases importance of IP audits

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Having a clear view of your company’s patents, trademarks, copyrights and ‎trade secrets is a first step to protecting your intellectual property and ‎building a process to maximize new IP value.‎ It’s well known that a...more

Proskauer - Minding Your Business

Court Finds Access to Botox Trade Secrets and Similarity of Competitor Product Supported Inference of Trade Secrets...

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Proving access to and use of trade secrets are core elements in a trade secrets misappropriation case. Recent rulings in a trade secrets action filed by Allergan against its competitor Revance Therapeutics (“Revance”)...more

Husch Blackwell LLP

Bytes and Boundaries: Why You Need an Employee AI Use Policy

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Employers know that artificial intelligence (AI) is here to stay, but so many are grappling with the initial question: where do we even begin? Recognizing the benefits of AI, many companies have decided that allowing...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

Davis Wright Tremaine LLP

Generative AI Is Here – Are Your Workplace Policies Ready?

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As generative artificial intelligence (GAI) technology, like ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason, employers...more

StoneTurn

Insider Risk and The Protection of Critical Trade Secrets

StoneTurn on

While the global pandemic has highlighted the perils of remote work, decades of collective experience undertaking internal investigations for corporations and their advisors in connection with the misappropriation of...more

Jones Day

JONES DAY PRESENTS®: Enhancing Trade Secret Protection in Remote Work Environments

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The recent shift to remote work has meant an increased vulnerability in trade secret protection. Jones Day Labor & Employment Partner Steve Zadravecz explains how updating policies, procedures, and software can make a...more

Fenwick & West LLP

Lessons from the Axon AI Ethics Board Resignation

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A few short days after 19 children and two teachers were killed in Uvalde, Texas, Axon Enterprise, a leading provider of law enforcement technology solutions including the Taser, announced plans to develop “non-lethal armed...more

Holland & Knight LLP

Commercializing Your Startup's Big Secret Without Losing Its Value (Part 2)

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In our first post, we discussed the scope of trade secret protection, as well as how a trade secret is established and enforced. In this second post, we discuss trade secret “hygiene” – that is, best practices for maintaining...more

Hendershot Cowart P.C.

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

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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

Hogan Lovells

Trade Secrets Toolkit

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For trade secrets to be protectable, reasonable measures should be taken to guard their secrecy. Evolving legislation, new technologies, emerging cybersecurity threats, and agile workforces each present new challenges for...more

Seyfarth Shaw LLP

Ten Trade Secret Resolutions to Keep for 2021 and Beyond

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2020 brought with it a bevy of new challenges for companies of all sizes in every industry, not the least of which was protecting trade secrets and confidential information in the face of newly remote workforces. 2021 brings...more

K&L Gates LLP

Practical Advice for Protecting Trade Secrets

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What You Need to Know in a Minute or Less - When people hear “intellectual property,” they often think first of patents, trademarks, and copyrights. Trade secrets are a fourth type of intellectual property that are critical...more

Cozen O'Connor

Court’s Opinion Provides Guidance on Protecting a Claims Handling Manual as a Trade Secret

Cozen O'Connor on

In Chavez v. Std. Ins. Co., 2020 U.S. Dist. LEXIS 203610 (N.D. Tex. Oct. 30, 2020), Judge David C. Godbey considered a variation on a common scenario that arises in first party cases.  Typically, the insured/plaintiff wants...more

Kidon IP

Employees or Independent Contractor Generated IP (Part 2)

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 In part 1, I reviewed patents and copyrights. In this post, I will discuss trade secrets, IP rights, and other protection measures.  Trade Secrets - No federal or state statute expressly addresses initial ownership of...more

Snell & Wilmer

Protecting Your Trade Secrets in the COVID-19 Environment

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In addition to the many complications, concerns and changes that working in the COVID-19 environment brings, it is important to evaluate the impact it plays on a company’s internal workings, one of which is a company’s trade...more

Hogan Lovells

EU: 5 tips to protect your trade secrets during the COVID-19 emergency

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While COVID-19 dramatically spreads across Europe, all companies are being forced to implement new large scale remote working arrangements. During these times of crisis, it’s easy for proprietary and confidential information...more

Hogan Lovells

Practical business tips to weather COVID-19: Employees trade secret protection policies and procedures

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The risk of disclosure of sensitive business information significantly increases with more employees working remotely due to COVID-19 as information is accessed outside the office. ...more

Seyfarth Shaw LLP

Love in the Time of Coronavirus: Protecting Trade Secrets During a Pandemic

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Fear of the coronavirus is causing many employers to permit—or in some cases mandate—employees to work remotely. While this measure is designed to minimize the risk of virus transmission, it presents an altogether different...more

Seyfarth Shaw LLP

The Increasing Importance of Trade Secrets and Trade Secret Asset Management Explained

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Trade secrets have, up until recently, been somewhat ignored. When I started to pay attention to trade secrets, some of my colleagues and contacts probably thought that I was mad. ...more

Orrick - Trade Secrets Group

Spring Cleaning: Tidying Up Your “Reasonable Efforts” to Maintain Trade Secrets

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It’s among an in-house counsel’s worst nightmares. A former business partner, ex-employee, consultant, or competitor has stolen your company’s trade secret information. Company management demands swift action....more

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