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Confidential Information Defend Trade Secrets Act (DTSA) Intellectual Property Protection

Baker Donelson

Top Developments in Trade Secret Law

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In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more

Dinsmore & Shohl LLP

A Cautionary Tale of Taking the Preliminary Injunction Gambit with Unclear Trade Secrets

Dinsmore & Shohl LLP on

Recently, the U.S. Court of Appeals for the Federal Circuit provided a cautionary tale for trade secret owners who seek preliminary relief against a competitor who hires its former employees but do not clearly articulate the...more

Fisher Phillips

Motorola Wins Massive $407M Award in International Trade Secrets Dispute: 10 Tips for Employers to Protect Your Data

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A federal appeals court recently applied a U.S. trade secrets law to sales outside the country, finding that Motorola was entitled to $407 million in damages from a foreign competitor for trade secrets misappropriation. A...more

Haug Partners LLP

Specificity Required for Trade Secret Protection under the DTSA: An Attempt to Protect “Confidential Information” Dooms...

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On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully...more

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

Fenwick & West LLP

Federal Circuit Provides Guidance on Trade Secrets Issues

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Every once in a while, the U.S. Court of Appeals for the Federal Circuit handles a trade secrets case. In a decision published Monday, the court reversed the grant of a preliminary injunction relating to insulin pump patches....more

Baker Donelson

Trade Secret Protection Plans Provide Certainty to Employers

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Baker Donelson recently published an article called "The End of Non-Competition Agreements? Not so Fast!" The article summarizes the Federal Trade Commission's (FTC) final rule prohibiting most employers from binding the...more

Parker Poe Adams & Bernstein LLP

North Carolina Trade Secret Protections Laws Do Not Apply to Out-of-State Conduct

Like most states, North Carolina law protects employers from misappropriation of confidential and proprietary trade secrets. Last month, the North Carolina Business Court (a division of the Superior Court that handles complex...more

WilmerHale

Untangling The Legal Complexities Of Trade Secrets And AI

WilmerHale on

With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations. Looking to trade secret law to protect AI is facially...more

Weintraub Tobin

When Is Trade Secret Protection the Right Choice?

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Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S....more

DRI

Defending Against Employee Defection: The Intersectionality of Cybersecurity and Trade Secret Protections in the Digital Age

DRI on

Cybersecurity and data protection often involve the protection of data and intellectual property (“IP”), such as trade secrets, from outside threats, but is your company prepared to defend against threats from the inside? The...more

Smith Anderson

WHITE PAPER | 2023 Year-End Review: Key Trade Secret Developments

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A trade secret is any information used in one’s business that derives independent economic value from not being generally known. Trade secrets, unlike patents, are protected indefinitely for as long as they remain a secret....more

Faegre Drinker Biddle & Reath LLP

First Circuit Holds Compilation of Public Record Data Is a Protectable Trade Secret

Summary - Allstate filed suit against two former insurance agents and another insurance agency for trade secret misappropriation under the federal Defend Trade Secrets Act (DTSA) and Massachusetts law. Allstate claimed...more

Jackson Walker

Second Circuit Narrows Defend Trade Secrets Act Remedies

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The Second Circuit just raised the bar for recovering avoided costs as unjust enrichment in a Defend Trade Secrets Act (“DTSA”) case. With a successful DTSA claim, a trade secret owner may obtain an injunction against further...more

Houston Harbaugh, P.C.

DTSALaw® in the 3rd Circuit: Oakwood and Mallet Cases Shape Trade Secret Law

Houston Harbaugh, P.C. on

Pleading and injunction standards are beginning to take shape in the Third Circuit courts- The case law pursuant to the 2016 enactment of the Defend Trade Secrets Act (DTSA) is developing in many Circuits across the country....more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

Sunstein LLP

The Impact that the FTC's Proposed Ban on Non-Compete Agreements will have on Trade Secrets

Sunstein LLP on

Many employers in Massachusetts use non-competes to protect their intellectual property. Non-compete agreements may be overly broad for that narrow purpose but their virtue is that it is much easier to detect their violation...more

Epstein Becker & Green

Neither Snow nor Rain nor Heat nor Gloom of Night . . . Will Stop the U.S. Postal Service from Stealing Its Contractor’s Trade...

Epstein Becker & Green on

It’s no secret that the U.S. Postal Service (USPS) has been struggling financially for well over a decade. One means of combatting its struggles has been to contract with third-party resellers to market USPS services and...more

Fisher Phillips

A 5-Step Action Plan to Plead Your Trade Secrets Case: Dancing on the Head of a Pin with Possibility, Plausibility, and...

Fisher Phillips on

Trade secret cases, by their inherent nature, require speed. For instance, a former employee may have stolen key data and gone to a competitor — and you need to move fast to protect your confidential information. But that...more

Foley Hoag LLP

Growing Consensus that Trade Secret Claims Must Be Pleaded with Particularity in New York and Elsewhere

Foley Hoag LLP on

Under conventional pleading standards, courts generally allowed plaintiffs to describe their trade secrets with a level of generality when filing a complaint in a trade secret case. It often sufficed for plaintiffs to provide...more

McAfee & Taft

Can you keep a (trade) secret?

McAfee & Taft on

Do you know what your trade secrets are worth? If not, it’s time to find out, because those who cannot answer this question may find themselves without a basis for bringing a claim under the Defend Trade Secrets Act (DTSA). ...more

Seyfarth Shaw LLP

Recent Hot Topics and Developments in Trade Secrets Law

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There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below....more

Fish & Richardson

Crafting a Comprehensive Trade Secret Strategy

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Despite the value trade secrets create for companies that hold them, they are often-overlooked intellectual property assets. But, unlike patents, trade secrets require their owners to take affirmative steps to maintain the...more

Fisher Phillips

Trends in Trade Secret Litigation and 7 Tips for Employers in the Post-DTSA World

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Over five years ago, the Defend Trade Secrets Act (DTSA) was signed into law, passing with broad bipartisan support and signaling a new frontier for employers seeking to protect their trade secrets. Since its adoption, the...more

Wilson Sonsini Goodrich & Rosati

Are Trade Secret Takedowns Real or a Myth?

When you publish electronic software, you frequently worry about copyright infringement. What if your game used sounds, graphics, text, or code from another game? If a competitor believes your game violates copyright, it...more

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