News & Analysis as of

Misappropriation Remedies

Warner Norcross + Judd

How the MBTFA Protects Subcontractors, Suppliers and Owners

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The Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. was signed into law in the early years of the Great Depression to protect people from fraud and misappropriation of funds in the construction industry. During...more

Fish & Richardson

Ex Parte Seizures Under the DTSA: A Drastic Trade Secret Remedy

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Here, we look at the Defend Trade Secrets Act (DTSA)’s provision of injunctive relief. Specifically, the DTSA allows trade secret plaintiffs to request a unique remedy — an ex parte seizure of the defendant’s property....more

Holland & Knight LLP

The "Inevitable Disclosure" Doctrine and the DTSA

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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

Sheppard Mullin Richter & Hampton LLP

The Developing “Avoided Costs” Remedy in Trade Secret Litigation

Should a defendant found liable for stealing trade secrets have to fork over all of the research and development costs it theoretically avoided by misappropriating the secrets? Yes, according to the “avoided costs” theory of...more

Sheppard Mullin Richter & Hampton LLP

Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation

While preliminary injunctions are not uncommon in trade secrets misappropriation cases, a recent Fifth Circuit decision highlighted the importance that the movant put forth colorable evidence of misappropriator “use” of the...more

Sheppard Mullin Richter & Hampton LLP

A High Mountain to Climb: Filing DTSA Claims Without any Evidence is Not Enough to Meet “Bad Faith” Standard for Awarding...

Litigators know it is generally not easy to recover attorneys’ fees in defense of a trade secret misappropriation action. The Federal Defend Trade Secrets Act (“DTSA”) permits a court to “award reasonable attorneys’  fees” to...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order

Whether a court order is appealable is often the first issue analyzed by appellate attorneys. An interlocutory order is an order issued by a court while a case is pending. These orders are not a final disposition of the case,...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Litigants Take Note: California District Court Provides Guidance on Obtaining a Preliminary Injunction and Expedited...

In trade secrets litigation, it is often critical to expeditiously obtain protection from further disclosure or continued misappropriation of the trade secret at issue through a motion for preliminary injunction. Courts are...more

Sheppard Mullin Richter & Hampton LLP

Illinois Court Finds China Inadequate Forum For Trade Secret Misappropriation Claims Against Chinese Tech Company

Amidst long-simmering diplomatic tensions between China and the United States, disputes arising out of Chinese companies’ alleged theft of technological trade secrets from rival American companies have found their way to...more

Morrison & Foerster LLP

Happy Anniversary, DTSA: The Defend Trade Secrets Act At Five

On May 11, 2016, the Defend Trade Secrets Act (“DTSA”) was signed into law with sweeping bipartisan support, passing unanimously in the Senate, and by a vote of 410-2 in the House. In the current political climate, passing...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Upholds Sanctions Against Radio Advertiser For Bad Faith Trade Secrets Claims

The recent case of Multimedia Sales & Marketing, Inc. v. Marzullo, et al., — N.E.3d —-, 2020 IL App (1st) 191790 (1st Dist. Dec. 21, 2020), demonstrates the peril that attorney fees sanctions present for litigants who bring...more

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in the United Kingdom

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Trade secret misappropriation matters in the United Kingdom are governed by the EU's Trade Secrets Directive, which stipulates basic requirements for protection and enforcement across Europe. Partner Rebecca Swindells talks...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Patton Sullivan Brodehl LLP

Penal Code Remedies for LLC Misappropriation?

Can the sledgehammer remedies of California Penal Code section 496 — treble (triple) damages and attorney fees — apply for misappropriation of an LLC’s property? The California Supreme Court is set to answer that question...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2020

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In This Issue - Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions - Interest in artificial intelligence has become so keen that questions previously found only in works...more

Jones Day

Year-End Review of Key Trade Secret Decisions

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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. Due in...more

Patton Sullivan Brodehl LLP

Can the Criminal Law Concept of “Receiving Stolen Property” Apply to LLC Disputes?

In the LLC Jungle, allegations of “misappropriation” are common.  LLC members and managers sometimes improperly divert the LLC’s funds and property for their own personal use.  That bad behavior usually leads to claims of...more

Spilman Thomas & Battle, PLLC

Trade Secret Misappropriation and Employee Fiduciary Breach in ASML v. XTAL Results in Large Judgement

On May 3, 2019, following a jury verdict rendered last November, a Santa Clara, California court entered a final judgment for $845 million in favor of semiconductor maker, ASML, in its suit against rival, XTAL, for stealing...more

Hogan Lovells

Netherlands: Getting the most out of the new trade secret protection act

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The new Trade Secret Protection Act came into force recently in the Netherlands. The Act is an implementation of the EU Trade Secrets Directive, which seeks to improve and harmonise the standards of protection of trade...more

Knobbe Martens

CardiAQ - An IP Success Story

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At the recent ACC-Socal Double Header Event, Knobbe Martens presented, "CardiAQ - An IP Success Story." ...more

Holland & Knight LLP

Examining Ex Parte Pre-Trial Seizures Under DTSA

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The Defend Trade Secrets Act (DTSA) provides for remedies in the form of damages, an injunction, and fees. 18 U.S.C. § 1836(b)(3). In addition to these remedies, DTSA provides for an ex parte pre-trial seizure of property....more

Zuckerman Spaeder LLP

Swimming Pool Company’s Non-Compete Claim Takes a Dive

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When a company believes that an employee has breached a non-compete agreement by going to work for a competitor, one remedy it can seek is a preliminary injunction. A preliminary injunction is meant to preserve the status quo...more

Jones Day

Default Determination Highlights The Importance Of Alleging Every Element

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A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint. 19 U.S.C. § 1337(g)(l) provides that the Commission, when making a determination on...more

Mintz - Intellectual Property Viewpoints

The Defend Trade Secrets Act: A Powerful New Tool for Employers

Trade secrets provide significant value for American companies. Take, for example, the formula for Coca-Cola. The exact formula for the popular softdrink is a closely guarded secret, and Coca-Cola’s exclusive ability to make...more

McDonnell Boehnen Hulbert & Berghoff LLP

Trade Secrets in the Spotlight Again: the EU Directive

May 2016 was a banner month for trade secret protection around the world. On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into US law, creating a new Federal cause of action for...more

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