4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
JONES DAY PRESENTS®: Cross-Border Trade Secret Litigation in the United States
Time to Amend the Defend Trade Secrets Act
The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act - RICO Report Podcast
JONES DAY PRESENTS®: Trade Secret vs. Patent Litigation
Trade secret litigation after the Defend Trade Secrets Act
Podcast: The Current Trade Secrets Landscape: Criminal and Civil Litigation Strategies and Tactics
Podcast: Conductive Discussions Episode 2: Criminal Prosecution of Trade Secret Theft, with a Focus on China
Viewpoints: Trade Secrets
Straight Talks: New players, new rules - IP disruption in the automobile industry
Employment Law This Week®: Sexual Harassment Legislation, Browning-Ferris Appeal, DTSA Whistleblower Immunity, Salary History and Wage Gaps
Employment Law This Week: Top Issues of 2016 – DTSA, Non-Competes, Paid Sick Leave, Transgender Law, Overtime, NLRB Decisions
Employment Law This Week: Defend Trade Secrets Act, Final Overtime Rule, Leave for Disabled Workers, OT Exemption Case
A recent decision by EDVA District Judge Henry Hudson granting a preliminary injunction to a wealth management firm against four of its former employees who left to open a competing firm is a good example of the speed of the...more
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
On May 1, 2024, in Design Gaps, Inc. v. Hall, 23CV040664-590, North Carolina’s business court dismissed an interior design company’s trade secret claim for failure to sufficiently plead the existence of trade secrets. The...more
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
With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more
On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States. It will become effective 120 days after it is published in the Federal Register....more
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
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
Employers often go to great lengths to protect company documents and communications concerning and discussing confidential trade secret information. But what happens when employees leave, bring a whistleblower claim, and the...more
The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the...more
The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more
In a recent trade secrets litigation in the United States District Court in the Northern District of California, a jury awarded the plaintiffs 40 million dollars, half of which was punitive damages. The Court also...more
The tension between encouraging free and fair competition and protecting competitive advantages derived from hard work and ingenuity is at the very heart of trade secrets law. Among other things, this tension manifests itself...more
Mitigating Trade Secret Risks in a New Workplace - The protection of trade secrets has always been vital to maintaining a successful business, particularly as companies innovate and use technology in creative ways to...more
The Defend Trade Secrets Act: Five Years After is episode two of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
Trade secret litigation is on the rise, and new case law related to enforceability has broad implications for how companies protect information that they consider to be trade secrets. The Lex Machina 2020 Trade Secret...more
California is notorious in the non-compete world for its prohibition and extreme scrutiny of individual non-compete and other types of restrictive covenant agreements. These types of agreements between two businesses,...more
When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more
Most trade secret cases involve allegations that a former employee is using a company’s confidential information at a new job or their own business. Given that reality, and the workforce disruptions caused by the coronavirus...more
An economic downturn usually leads to a rise in trade secret theft and litigation, and conditions are ripe for a major surge in cases from the current slump, given widespread job losses and companies’ embrace of remote...more
What do you do when a key employee leaves and you believe he/she has taken your company’s trade secrets to a competitor? Or when a strategic business partner uses your trade secret information to compete against you?...more
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. Due in...more
Effectively drafted restrictive covenants are valuable tools employers can utilize to protect their proprietary interests. Covenants not to compete and covenants not to solicit an employer’s clients or employees are the most...more
Since 2016, the Defend Trade Secrets Act (DTSA) has provided employers with a federal cause of action against employees, former employees and other bad actors who misappropriate trade secrets. In addition to injunctive...more
Pittsburgh Logistics (PL) sued its competitor and former employee, alleging that the employee breached his employment agreement by working for the competitor and that he would inevitably disclose PL's confidential and trade...more