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Proskauer - Trade Secrets

EV Trade Secrets Litigation Series: Tesla v. Rivian – A High-Stakes Legal Showdown

Continuing our series on electric vehicle (EV) trade secret litigation, see here and here, a California judge has tentatively given Tesla the green light to proceed with a trial against rival Rivian in March of 2025. This...more

Proskauer - Trade Secrets

EV Trade Secret Litigation Continues to Boom with Tesla Suing Its Supplier Over EV Battery Technology Theft

The rise in trade secrets litigation in the electric vehicle (“EV”) sector continues with Tesla filing another lawsuit: this time against its own equipment supplier. On June 14, 2024, Tesla filed a complaint in the Northern...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

FTC Issues Final Rule Banning (Almost All) Non-Compete Agreements

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. Although some limited exceptions apply, this new regulation...more

Rumberger | Kirk

FTC Issues Final Rule Banning Non-Compete Agreements

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On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition.  The Final Rule will go into effect 120 days after being...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

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Rothwell, Figg, Ernst & Manbeck, P.C.

[Webinar] Artificial Intelligence Litigation Risks for the Medical Technology Industry - August 29th, 2:00 pm ET

Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Why Privacy And Trade Secret Law Are On A Collision Course

Can privacy law and trade secret law coexist, or is compliance with both impossible? We are experiencing the fourth industrial revolution, driven by the rise in data and connectivity, analytics and artificial intelligence....more

Holland & Hart LLP

Minnesota Reforms Law to Ban (Almost) All Noncompete Agreements

Holland & Hart LLP on

Agreements not to compete have existed as part of the common law for hundreds of years.1 These restraining agreements are designed to reduce economic harm to an employer when a “key” employee departs and are often required at...more

Vondran Legal

I got a Strike 3 Holdings subpoena notice from my Internet Service Provider, now what?

Vondran Legal on

Strike 3 Holding, LLC is a prolific filer of federal copyright infringement actions. They have filed thousands of lawsuits across the United States in states like Illinois, Pennsylvania, New Jersey, New York, Florida, Texas...more

Seyfarth Shaw LLP

Future Employer Survey Results Highlight Need For Companies To Implement Thoughtful Policies To Protect Company Data and...

Seyfarth Shaw LLP on

Earlier this year, Seyfarth Shaw partnered to issue the 2022 Future Employer survey to clients and contacts. We surveyed in-house legal and business leaders to find out how they are thinking about the “Future of Work.” This...more

ArentFox Schiff

Recent Case Developments Indicate Increased Judicial Scrutiny on China Initiative Prosecutions

ArentFox Schiff on

In November 2018, then-Attorney General Jeff Sessions launched the Department of Justice’s (DOJ) China Initiative, to prevent, combat, and prosecute theft of intellectual property, technology, trade secrets, and other...more

Fisher Phillips

New Federal Tools Can Help Private Sector Protect Trade Secrets From Cyberattacks – And May Soon Require Reporting

Fisher Phillips on

Cybersecurity was undoubtably on the forefront of the agenda for many organizations in 2020 – and 2021 should be no different. The rapid shift to remote work over the past year has led to an increased number of cybersecurity...more

Troutman Pepper

Delaware Court of Chancery: Companies Must Maintain Trade Secret Confidentiality in a Remote World

Troutman Pepper on

In a recent decision, the Delaware Court of Chancery noted that a plaintiff-franchisor did not take adequate protections to safeguard the confidentiality of its purported trade secrets while using a remote audiovisual...more

Seyfarth Shaw LLP

Self-Driving to Federal Prison: The Trade Secret Theft Saga of Anthony Levandowski Continues

Seyfarth Shaw LLP on

The much-ballyhooed legal battle over trade secrets concerning self-driving automobile technology involving Uber took its latest (and perhaps final) turn last week, when engineer Anthony Levandowski was sentenced to 18 months...more

Fenwick & West LLP

Georgia Appellate Court Opens the Door for Trade Secret Misappropriation Suits Against State Entities

Fenwick & West LLP on

In Board of Regents of the University System of Georgia v. One Sixty Over Ninety, the Georgia Court of Appeals held recently that a state entity is not immune from trade secret claims brought under the Georgia Trade Secrets...more

Troutman Pepper

How Safe Is That Harbor? The Impact of the Defend Trade Secrets Act's Whistleblower Immunity Provision on a Trade Secret Owner's...

Troutman Pepper on

Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2019

Fenwick & West LLP on

Avoiding the Top 5 Potholes for Autonomous Transportation Startups - Autonomous transportation technology was widespread at the 2019 Consumer Electronics Show. Advances in object identification, mapping, machine learning,...more

Seyfarth Shaw LLP

For The First Time, A Massachusetts Court Weighs In On The New Noncompetition Agreement Act – Well, Sort Of

Seyfarth Shaw LLP on

As we’ve previously written about on this blog, last summer the Massachusetts legislature passed a non-compete reform bill which went into effect on October 1, 2018. ...more

Orrick - Trade Secrets Group

In Hawaii, “Aloha” May Mean Both Hello And Goodbye, But When Employees Leave, Who Owns The Customer Relationships?

As we’ve observed over the years, when addressing trade secrets claims based on customer lists, courts have landed all over the place. These cases involve difficult questions such as when an employee develops relationships on...more

Fisher Phillips

The DTSA’s Ex Parte Seizure Remedy – Two Years Later

Fisher Phillips on

Enacted in May 2016, the federal Defend Trade Secrets Act (DTSA) created a new remedy that was not available under any state's Uniform Trade Secrets Act (UTSA) – the ex parte civil seizure. This remedy permitted plaintiffs to...more

Seyfarth Shaw LLP

Balancing Creativity With Exclusivity: How Companies Encourage Innovation While Protecting Intellectual Property

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On Friday, May 18, Eric Barton participated in a panel discussion at the 2018 ITechLaw World Technology Conference, updating attorneys from around the globe on the latest developments in cyber vulnerabilities and crime. In...more

Fisher Phillips

Fear and Trade Secrets on the Campaign Trail

Fisher Phillips on

The Democratic National Committee recently filed a lawsuit against Russia, WikiLeaks, the Trump Campaign, and a bunch of individuals (including Julian Assange, Jared Kushner, and a hacker named “Guccifer 2.0”) that includes...more

Fisher Phillips

Why Your Company Should Be Using Email Enterprise Vaults, Anti-Deletion Programming and Key Stroke Surveillance Software in the...

Fisher Phillips on

Twenty-five years ago most companies’ greatest fear of espionage was employee theft at the photocopy machine at 2 in the morning. The company playbook could not be forwarded in an email or put on a thumb drive in a matter of...more

Seyfarth Shaw LLP

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

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