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Trade Secrets › Public Records

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 -
K2 Integrity

Why The Need for Human Investigators Will Always Exist

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The world of business intelligence and corporate investigations has not been left untouched by the unstoppable march of technological innovation. Today’s investigations benefit greatly from technology-driven solutions to the...more

Butler Snow LLP

Protecting Your Trade Secrets and Confidential, and Sensitive Information from a Public Records Request

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It is common for businesses to disclose confidential information to governmental entities for regulatory and/or other purposes. However, once that information is disclosed, it may be vulnerable to public records requests....more

Foley & Lardner LLP

Sealing Judicial Records or How I Learned to Stop Consenting and Protect Trade Secrets

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Are courts making it impossible to guarantee trade secrets will not be disclosed upon filing of litigation? In a recent case, Binh Hoa Le v. Exeter Fin. Corp., the U.S. Court of Appeals for the Fifth Circuit (covering...more

Best Best & Krieger LLP

California Public Records Act Update

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New CPRA Case Law and Legislation for 2021 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give...more

Franczek P.C.

New Binding Opinion on Scope of FOIA for Third Parties and Proprietary Information

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In a rare binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) opined that certain information in the sole possession of a vendor that had contracted with the Illinois Department of Corrections...more

Best Best & Krieger LLP

New Public Records Act Opinion Considers Extent of Trade Secret Privilege

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Drug Company’s Mandatory Release of Price Increase May Compromise Privilege, Permitting Disclosure Under the CPRA - A California appellate court recently held that disclosure of trade secret information to third parties,...more

Seyfarth Shaw LLP

Maine Considers Trade Secret Protection for Cannabis Companies

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Maine is on track to launch its first recreational marijuana businesses in June, four years after its residents voted in favor of legalization. A year ago, Maine created an Office of Marijuana Policy (OMP) within its...more

Seyfarth Shaw LLP

The Week in Weed: February 2020 #2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. It was a busy week for the states, as Virginia moved towards decriminalization.  The state House and Senate passed...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Justice Issues New Guidance on Exemption 4 to the Freedom of Information Act

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On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4. When preparing reverse-FOIA submissions, a...more

Seyfarth Shaw LLP

Louisiana Federal Court Rules Information in Patent Application Remains Actionable Trade Secret Under DTSA

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The United States District Court for the Eastern District of Louisiana recently held that, under the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq., information included in a patent application remains an actionable...more

K&L Gates LLP

Legal Tropics: The Florida Public Records Act: A Primer for Private Entities

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The Florida Public Records Act requires state and local government entities and agencies to make their records available to the public. But the Act also has many implications for private entities that transact business with...more

Holland & Knight LLP

You Can’t Sue the Government Under the Federal Trade Secret Act

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It's an old aphorism that "you can't fight City Hall." Now it's time to add a related aphorism: "you can't sue the government under the federal Defend Trade Secrets Act (DTSA) for disclosing your trade secrets" – at least so...more

Seyfarth Shaw LLP

No Protection Under The DTSA For Bid Documents Containing Trade Secrets

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A government contractor learned the hard way that bid documents containing trade secrets are not protected from disclosure in Massachusetts. On September 21, 2018, a Massachusetts U.S. District Court judge ruled that the...more

Stoel Rives LLP

Litigation Alert: Washington Supreme Court Confirms Standard for Injunctive Relief in Public Records Act Cases

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In Lyft, Inc. v. City of Seattle, the Washington Supreme Court found that the proper standard for injunctive relief under the Public Records Act (PRA) is the standard outlined in RCW 42.56.540, which is stricter than the...more

Foley & Lardner LLP

Ride-Sharing Services Lose Latest Trade Secret Battle

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Ride-sharing services Uber and Lyft suffered a recent setback before the state of Washington’s Supreme Court in their efforts to protect trade secrets from disclosure under a state public records law. In its recent...more

Orrick - Trade Secrets Group

Upon Reflection, Some Trade Secrets May Be Less Secret Than They Appear

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A recent case in Florida is a reminder that when dealing with government entities, trade secrets may be disclosed to the public, especially if that information has been aggregated. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wage Violations Are Now “Public Record” Under Colorado’s New Wage Theft Transparency Act

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On April 13, 2017, Governor Hickenlooper signed the Wage Theft Transparency Act into law, which is effective immediately. The Act makes “wage theft” violations in Colorado, including nonpayment of wages or overtime...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Rejects Employers’ Plea For Trade Secret and Trademark Protection

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When employees resign, the scope of the trade secret doctrine often defines the relationship between former employers and their employees. Trade secret misappropriation claims frequently overlap with other claims arising out...more

Bilzin Sumberg

Changes to Public Records Act Reshape Duties of Government Contractors

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Recent amendments to Florida's Public Records Act both clarify and alter a contractor's responsibilities under the Act. The 2016 amendment to the Act applies to contracts with a public agency entered into or amended on or...more

Orrick - Trade Secrets Group

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

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What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

Maynard Nexsen

North Carolina Public Records Law 101 - A primer for economic development professionals

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At the North Carolina Economic Development Association 2016 Annual Conference, I participated on a panel discussion and presentation regarding public records law requirements in North Carolina and how they affect economic...more

Fisher Phillips

Uber vs. Cab Companies: Trade Secret Edition

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A state court in Florida recently ruled that the same categories of information maintained and possessed by government officials relating to two different companies can be both a public record and a trade secret, depending on...more

Best Best & Krieger LLP

Federal Defend Trade Secrets Act Takes Effect

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Employers Should Immediately Revise Confidentiality Agreements to Comply - The Defend Trade Secrets Act, signed into law by President Obama last week and effective immediately, provides a new federal remedy for trade...more

Carlton Fields

Economic Incentive Applications and Florida’s Public Records and Sunshine Law

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If you are considering locating—or relocating—your business to Florida, and are interested in applying for an economic incentive, you should be aware of Florida’s Public Records and Sunshine Law, which provides that certain...more

Jackson Walker

Texas Public Information Act: Uniform Trade Secret Act Broadens the Scope of Protection

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The 83rd Texas Legislature recently enacted Senate Bill 953 and created the Texas Uniform Trade Secrets Act ("TUTSA") in Chapter 134A of the Texas Civil Practice and Remedies Code. For companies wishing to defend their...more

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