Trade secrets are one of the four major types of intellectual property and have many unique features, a number of which we have covered in other blogs. Unlike patents, which can only be enforced by private parties in civil...more
With the dramatic increase in trade secret cases since the 2016 passage of the Defend Trade Secrets Act (DTSA), and the large damages awards in many of these cases, it is now more crucial than ever to properly understand how...more
Every day, businesses large and small are seeking to be acquired, in whole or in part. (While such efforts are often described broadly as “M&A activity” they are much more commonly aimed at “Acquisitions” than “Mergers”)....more
1. Introduction - We start with the assumption that your company has already laid the foundation for IP protection, including the creation of a rock-solid trade secrets program...more
Introduction - Any experienced lawyer who handles trade secrets litigation has seen what happens when an employer lets its guard down when hiring a new employee who previously worked in the same industry—perhaps even for a...more
Recently, we discussed the broad reach of the doctrine of Federal Copyright Preemption. In Ultraflo Corp. v. Pelican Tank Parts, Inc. 2017 U.S. App. LEXIS 509 (Jan. 11, 2017), the Fifth Circuit made clear that not only does...more
Recently in Rodman v. Safeway, Inc., 2016 WL 5791210 (N.D. Cal. Oct. 4, 2016), U.S. District Judge Jon S. Tigar imposed monetary sanctions of $688,644 because of the failure of Safeway and its counsel to conduct a...more
Earlier this year, the U.S. Supreme Court’s important opinion in Universal Health Services, Inc. v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016), dealt with the issue of whether a so-called “implied certification” that a...more
On November 9, 2016, United States Magistrate Judge Paul D. Stickney (N.D. Tex.) entered an Order that serves as a reminder to corporate litigants and their counsel that the demands of Rule 30(b)(6) should not be disregarded...more
Recently our colleagues Natalie Arbaugh and Rex Mann discussed the Fifth Circuit’s decision in GlobeRanger Corp. v. Software AG USA, Inc., 2016 WL 4698270 (5th Cir., Sept. 7, 2016), focusing on the Court’s discussion of the...more