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Trade Secrets › Protective Orders

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 -
Dorsey & Whitney LLP

A Cautionary Tale of Contempt Proceedings for Potential Violation of a Standard Protective Order in Trade Secrets Litigation

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Though litigants routinely enter into stipulated protective orders in the course of discovery that may involve sensitive company information (or even trade secrets), a recent ruling is a cautionary tale on the potential...more

Sheppard Mullin Richter & Hampton LLP

Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order

Sheppard Mullin Richter & Hampton LLP on

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. One of the most important—yet often overlooked—issues in these cases can be summarized by the following...more

McDermott Will & Emery

For Certain Not Secret Now: Court Declines to Seal Alleged Trade Secret in Amended Complaint

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The US Court of Appeals for the Federal Circuit affirmed a decision declining to seal information in an amended complaint where the defendant failed to prove that the information was a trade secret. DePuy Synthes Products,...more

Patterson Belknap Webb & Tyler LLP

Judge Rakoff Sanctions Patentee for Sharing Confidential Documents with Counsel in Overseas Trade Secret Case

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On December 7, 2020, United States District Court Judge Jed S. Rakoff (S.D.N.Y.) denied Plaintiff SIMO Holdings Inc.’s (“SIMO”) motion to use four confidential documents in a related trade secret dispute pending in Shenzhen,...more

Smart & Biggar

Federal Court blocks Health Canada from disclosing veterinary drug submission records pursuant to ATI request

Smart & Biggar on

Update: On September 24, 2021, the Federal Court of Appeal allowed the Minister’s appeal of this decision and remitted the matter to the Federal Court for redetermination of several issues: Canada (Health) v Elanco Canada...more

Orrick - Trade Secrets Group

Mine Your Own Business: Multinational Mining Company Seeks Protection Of Alleged Trade Secrets During Discovery

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Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more

Fish & Richardson

Series: Defend Trade Secrets Act | Stopping Further Leaks: Protecting Trade Secrets While Litigating Misappropriation

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Trade secrets derive their commercial value from being secret. When trade secrets are misappropriated, litigation may be necessary to stop a competitor from exploiting them in the marketplace. Yet litigating...more

Fisher Phillips

Colorado Supreme Court Ruling May Result in Disclosure of Trade Secrets

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Earlier this month, the Colorado Supreme Court ruled that a party in litigation seeking to prevent responsive discoverable information from disclosure under a protective order must first demonstrate that the information in...more

Kelley Drye & Warren LLP

Proposed Rule Would Promote Sealing New York Commercial Division Records Containing Sensitive Business Information

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The heavy burden of persuading the Commercial Division of New York State Supreme Court to seal court records containing sensitive business information could be eased under a proposed new rule. In releasing the new rule for...more

Proskauer - Minding Your Business

The Sixth Circuit’s Continued Scrutiny of Sealing Decisions

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We wrote here previously regarding the Sixth Circuit’s decision in Shane Group v. Blue Cross Blue Shield of Michigan vacating a class action settlement because the district court improperly refused to unseal the parties’...more

Fisher Phillips

Who Stays in the Courtroom?: the Texas Supreme Court Delivers its FirstUniform Trade Secrets Act Opinion

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Last Friday (May 20), the Texas Supreme Court delivered its first opinion interpreting the Texas Uniform Trade Secret Act. M-I Swaco, an oilfield services company, alleged that a former employee and his current employer,...more

Orrick - Trade Secrets Group

Trade Secrets Protected From Disclosure Under FOIA…Except For When They Aren’t

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We have previously reported about protecting trade secrets from disclosure after a FOIA request. There is something to be said for immediate action and intervening to protect your trade secrets, but sometimes that just isn’t...more

McDermott Will & Emery

Modification of Protective Orders to Permit Use of Discovery Material in Foreign Litigation Must Consider 28 U.S.C. § 1782 Factors...

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The U.S. Court of Appeals for the Federal Circuit vacated an order modifying a protective order to allow the use of confidential discovery material in foreign litigation, explaining that courts facing such questions must...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

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Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Greenberg Glusker LLP

BaZynga!

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Free-to-play games are all the rage these days. Many people while away their days playing Angry Birds, or Words with Friends before going home to watch Monday Night Football. Nerds — and, increasingly, “normal people” — do...more

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