News & Analysis as of

Misappropriation Competition

Saul Ewing LLP

Virginia Appeals Court Reverses $2 Billion Jury Award to Appian in Trade Secrets Misappropriation Case

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Introduction - In May 2022, a jury in the Circuit Court for Fairfax County, Virginia awarded Appian Corp. (Appian) in excess of $2 billion in damages from Pegasystems, Inc. (Pegasystems) for misappropriating Appian’s trade...more

Axinn, Veltrop & Harkrider LLP

Recognizing Risk: When Pursuing A Competitive Edge Creates Exposure to Trade Secret Claims

A well-known idiom - widely credited to Ben Franklin in the 1700s - is that an ounce of prevention is worth a pound of cure. Yet, few companies actively train their personnel to recognize the risk of a trade secret...more

White & Case LLP

Trade secret litigation at the US International Trade Commission: A rising fence

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A regulatory fence surrounds the United States, blocking the importation of any product that uses or was made using a misappropriated trade secret, among other unfair acts. That fence, called the Tariff Act of 1930, or...more

Lewitt Hackman

Franchisor 101: The Secret is Not in the Dough

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A Utah federal judge denied cookie franchisor Crumbl an injunction preventing its competitor, Dirty Dozen, from opening new locations while litigation between the two franchisors was pending....more

Fox Rothschild LLP

A Trade Secret Tale: When a “Gold Mine” is not Worth the Digging

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An employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a “gold mine” it could use “to...more

Venable LLP

Let's Chat: Influencers and Brands Testing the Waters of Generative AI Must Navigate Data Privacy and FTC Issues

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Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way...more

Hendershot Cowart P.C.

How to Stop Former Employees From Stealing Your Clients

Don’t just sit by and watch in alarm as a former employee, contractor, or competitor poaches your clients. Texas law protects valuable trade secrets from misuse and misappropriation – including client lists. These protections...more

Venable LLP

Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct...

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The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more

Holland & Knight LLP

Seventh Circuit Opinion Reminds of Need to Identify Trade Secrets with Particularity

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Actuators are remotely operated mechanized devices used in a variety of applications, such as opening and closing valves. They are often operated hydraulically, which requires them to have their own valves. Maintaining the...more

Fenwick & West LLP

Beware of Different Limitations Periods in Employee Trade Secrets Disputes!

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Most lawyers know, at least generally, that IP infringement and misappropriation actions are subject to various statutes of limitations. Patent actions need to be brought within six years, copyright actions within three, and...more

Dunlap Bennett & Ludwig PLLC

How to Protect Your Company’s Trade Secret

Given the dire consequences a company can face once its valuable trade secrets are disclosed to competitors, companies must increasingly take steps to protect their trade secrets in order to remain competitive....more

Blank Rome LLP

[Ongoing Program] Recent Developments in Corporate M&A and Commercial Restrictive Covenants - February 8th, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

Blank Rome LLP

[Ongoing Program] Hiring from the Competition in a High-Risk, High-Reward Labor Market - January 25th, 12:00 pm - 12:30 pm ET

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Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection...more

Manatt, Phelps & Phillips, LLP

Third Circuit Reverses Injunction in Trade Secret Misappropriation Suit

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

Jones Day

2021 Mid-Year Review: Key Global Trade Secret Developments

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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. In the...more

Epstein Becker & Green

[Webinar] Both Sides of the Coin: Protecting Your Own Workforce and Trade Secrets from Potential Raiders, and Minimizing...

The nation is beginning to see the light at the end of the pandemic tunnel. Employees who have been working from their kitchen tables for 12 months are starting to look toward greener pastures. Protecting against the risks of...more

Robins Kaplan LLP

Financial Daily Dose 4.7.2021 | Top Story: IMF Boosts Economic Growth Projections But Warns of Uneven Post-Pandemic Recovery

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Though raising projections for overall economic growth over the next 2 years, the IMF warned this week that “an uneven rollout of vaccines” threatens to add to concerns about a “K-shaped” economic recovery on a global scale. ...more

Sheppard Mullin Richter & Hampton LLP

As A Reminder That California Has Rejected The Doctrine Of Inevitable Disclosure, Court of Appeal Rules Knowledge Of Former...

Grounded in California’s recognized hostility against restraints on competition, a recently published opinion from the California Court of Appeal, Hooked Media Grp., Inc. v. Apple Inc., held that to establish trade secret...more

Lewitt Hackman

Franchisee 101: Trashing the Competition

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In a misappropriation of trade secrets action, a franchisor sued a prospective franchisee, claiming breach of a non-disclosure agreement ("NDA") by operating a competing business. The prospective franchisee signed the NDA...more

Mintz - Intellectual Property Viewpoints

Danger on the Horizon: Detecting Early Signs of Trade Secret Theft by Competitors

Trade secrets are typically associated with a company’s most profitable products and services, and maintaining control of critical confidential information is often essential to a company’s revenue stream and continued...more

Jones Day

Mid-Year Review of Key Global Trade Secret Developments

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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. In the...more

Seyfarth Shaw LLP

Houston First Circuit Court of Appeals Joins the Growing Trend by Holding that the Pre-Amendment TCPA Does Not Protect Certain...

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In a case following a familiar trade-secret set of facts, on April 28, 2020, the Texas First District Court of Appeals in Houston reversed the trial court’s grant of a motion to dismiss under the Texas Citizens Participation...more

Mintz - Intellectual Property Viewpoints

Steps Your Company Should Consider Now to Protect Value with a Wave of Trade Secret Litigation on the Horizon Due to COVID-19...

The coronavirus pandemic has created profound changes to how many Americans do their work, with an outsized number now working from home. This arrangement, while necessary given social distancing requirements and the...more

Seyfarth Shaw LLP

Peloton Surges to the Top of the Leaderboard in Competitor Spat

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In 2012, Peloton rode into the home fitness scene with its now ubiquitous at-home exercise bike, which features a tablet that allows riders to stream both live and pre-recorded classes while competing against other riders on...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

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