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Trade Secrets › Unfair Competition › 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 -
Sunstein LLP

The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret...

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On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of...more

Houston Harbaugh, P.C.

Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

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The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of...more

Paul Hastings LLP

Misappropriation of Trade Secrets by Foreign Company and Legal Recovery in Japanese Court – New Amendment to the Unfair...

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In recent years, we have seen numerous media reports on cases involving suspected misappropriation of trade secrets by foreign companies who have hired former Japanese engineers. Given that Japanese law and Japanese...more

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

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On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

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

Does Arkansas Recognize the Doctrine of Inevitable Disclosure?

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Does Arkansas recognize the doctrine of inevitable disclosure in the context of trade secret issues? In some circumstances, yes...more

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

Who Can be Held Accountable for Misappropriation of Trade Secrets?

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Who can be held accountable for misappropriation of Trade Secrets? The Arkansas Uniform Trade Secrets Act answers this question, explaining that the following may be liable for trade secret misappropriation: Individuals....more

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

Tech Company Trade Secret Showdown: Lessons from a Significant AI Related Trade Secret Case

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In the fast-paced world of tech litigation, one case stands out for its implications on trade secrets and intellectual property rights: Neural Magic, Inc. v. Meta Platforms, Inc. and Aleksandar Zlateski. This federal court...more

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

Can You Get a Court to Stop Someone from Sharing Customer/Client Lists?

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Can you get a court to stop someone from sharing customer/client lists in Arkansas? As explained in this blog post, it depends. But often the question is debatable and hiring an attorney experienced in unfair competition...more

Haug Partners LLP

2023 in Review at the International Trade Commission

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Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

McDermott Will & Emery

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

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The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...more

Fisher Phillips

Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

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The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern...more

TransPerfect Legal

Moving from a Non-Compete Mindset to Protecting Company Trade Secrets

TransPerfect Legal on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit new and require the rescission of all non-compete agreements as an “unfair method of competition.” The proposed rule defines a...more

BakerHostetler

AD-ttorneys@law - April 2022

BakerHostetler on

Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

Goodwin

International Trade Commission Institutes Investigation of Alvotech’s Adalimumab Biosimilar

Goodwin on

As noted in our December 21, 2021 post, Complainants AbbVie Inc., AbbVie Biotechnology Ltd. and AbbVie Operations Singapore Pte. Ltd. filed a complaint at the International Trade Commission against Respondents Alvotech hf.,...more

Procopio, Cory, Hargreaves & Savitch LLP

Powerful Remedies Against Trade Secret Misappropriation Abroad Appear Here to Stay

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It has now been two years since a U.S. district court issued a ruling providing an additional avenue for U.S. trade secrets owners to take legal action against alleged misappropriation abroad. The decision in the Northern...more

Constangy, Brooks, Smith & Prophete, LLP

Trade Secret Two-Step: Part 2

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In this two-part podcast, Jackie Johnson, Co-Chair of Constangy’s Trade Secrets and Unfair Competition Practice Group and Partner in Constangy’s Dallas, Texas, office, visits with Bill McMahon about the ins-and-outs of trade...more

Manatt, Phelps & Phillips, LLP

Third Circuit Reverses Injunction in Trade Secret Misappropriation Suit

Manatt, Phelps & Phillips, LLP on

The U.S. Circuit Court of Appeals for the Third Circuit took on the misappropriation of trade secrets recently, reversing a district court’s grant of a preliminary injunction halting competition by a company’s rival and two...more

Constangy, Brooks, Smith & Prophete, LLP

Trade Secret Two-Step: Part 1

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In this two-part podcast, Jackie Johnson, Co-Chair of Constangy’s Trade Secrets and Unfair Competition Practice Group and Partner in Constangy’s Dallas, Texas, office, visits with Bill McMahon about the ins-and-outs of trade...more

Jones Day

Recent Changes to China's Trade Secret Protection Laws Ease the Challenge of Bringing Such Cases

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The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country. The Result: As recently amended, Chinese law now follows some case law developments...more

McDermott Will & Emery

Attorney’s Fees Properly Awarded in Unsuccessful Trade Secret Misappropriation and Civil Theft Suit

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The US Court of Appeals for the Fifth Circuit affirmed a take-nothing judgment and an attorney’s fees award against plaintiffs in a trade secret misappropriation and civil theft suit under Texas law, finding that the fee...more

Seyfarth Shaw LLP

Not so Pretty: Cosmetic Company Acquisitions Lead to Contentious Trade Secret Spat

Seyfarth Shaw LLP on

At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more

Faegre Drinker Biddle & Reath LLP

The Key to a Trade Secret Is Secrecy: Third Circuit Agrees Ownership Is Sufficient but Not Necessary to Maintain a Trade Secret...

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In a case telling a “sorry story of disloyalty and deception piled upon deception,” the Third Circuit has held that licensees, not only owners, have standing to protect the confidentiality of trade secrets and the right to be...more

Hogan Lovells

Global Trade Secrets Guide 2020

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Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. In some cases, trade secrets offer an attractive alternative to patent protection. Companies also recognize the...more

Butler Snow LLP

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

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A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee’s Facebook account and using that information to pursue a trade secrets claim against four former employees....more

McAfee & Taft

Tattoo artists’ war over customers sparks lawsuit

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Ever been frustrated by a former employee unfairly using your confidential business information and trying to take your customers? As it turns out, tattoo artists have trade secrets, too. Keith “Bang Bang” McCurdy is the...more

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