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Trade Secrets › Copyright › Defend Trade Secrets Act (DTSA)

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
McDermott Will & Emery

Message Received: Trade Secret Law Damages Available for Sales Outside US

McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit affirmed, in a matter of first impression, a district court’s decision to apply trade secret law extraterritorially and award trade secret damages for foreign sales while also...more

Sullivan & Worcester

Companies Turn to Trade Secret, Patent, Copyright to Mitigate Risks from FTC Non-Compete Ban

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On April 23, 2024, the Federal Trade Commission narrowly approved a rule banning most non-competition agreements. The rule, set to go into effect on September 4, 2024, prohibits employers from including non-compete provisions...more

Hendershot Cowart P.C.

Life After The FTC Ban: Alternatives To Non-Competes

Hendershot Cowart P.C. on

The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the...more

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

The Pros And Cons Of Protecting AI As Trade Secrets

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Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...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

Dorsey & Whitney LLP

Intellectual Infrastructure: IP 101 for Construction and Design Professionals

Dorsey & Whitney LLP on

From the initial design plans, to the choice and fabrication of materials, to the finished project, there are many components of a construction or infrastructure project that can give rise to intellectual property (“IP”)...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2021

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Written Description of Therapeutic Efficacy - In two 2019 rulings, the Federal Circuit invoked the “written description requirement” of 35 U.S.C. § 112 to require evidentiary support for therapeutic efficacy. Now that the...more

Womble Bond Dickinson

IP Basics for Start-Ups and Small Enterprises: What Growing Companies Need to Know About Respecting, Acquiring, and Enforcing...

Womble Bond Dickinson on

This article is based on a presentation made at the Association of Corporate Counsel’s 2020 Annual Meeting. Creighton Frommer, Chief IP, Technology & Procurement Counsel at RELX, and Melissa Fruge, Chief Legal Officer at...more

Cooley LLP

Alert: Combination Litigation Series Part III: Tips for Defendants Litigating Software Disputes at the Intersection of Trade...

Cooley LLP on

As companies increasingly employ multiple legal regimes to protect IP, defendants face an increase in combination litigation, where they need to simultaneously fend off a combination of trade secret, patent and copyright...more

Cooley LLP

Alert: Combination Litigation Series Part II - Tips for Plaintiffs Litigating Software IP Disputes at Intersection of Trade...

Cooley LLP on

From the Google v. Oracle case pending at the Supreme Court to disputes proliferating in district courts across the country, parties are increasingly using overlapping and disparate causes of action to protect their IP. As...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

Holland & Knight LLP on

Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Fenwick & West LLP

A Looming AI War: Transparency v. IP Rights

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As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few months, at least three major works have been published on the issue....more

Foley & Lardner LLP

Brand Protection: Looking Beyond Trademarks to A Broader Arsenal of Intellectual Property Tools

Foley & Lardner LLP on

Manufacturers may assume that protection of their brands can only be achieved through trademark protection of names, logos, and slogans. In fact, a broad arsenal of intellectual property tools is available to ensure that...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2019

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Deregulation is the New Buzzword in Washington — Except in the Tech Industry - The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

WilmerHale

The Where, When and What of DTSA Appeals: Part 1

WilmerHale on

Federal trade secret litigation can be as costly and complex as patent litigation. Unlike patent litigation, however, there has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2017

Fenwick & West LLP on

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - September 2017

Manatt, Phelps & Phillips, LLP on

Looking Through an IP Lens at Blockchain and Cryptocurrency - Why it matters: With headline news ranging from J.P. Morgan CEO Jamie Dimon and Russian President Vladimir Putin to the Winklevoss twins and Floyd “Money”...more

McNees Wallace & Nurick LLC

McNees 2016 In Review – Trademarks, Copyrights and Patents

McNees Wallace & Nurick LLC on

The year 2016 saw interesting and diverse developments in trademark, copyright, trade secret, and patent law. Not only has intellectual property news been in the headlines, but these areas have made it to the Supreme Court....more

Buchalter

Intellectual Property Overview For Agribusiness

Buchalter on

A company’s greatest assets may be its intellectual property. Properly protecting such assets then may be the key to continued success. Below are some questions to consider as a health check for your IP assets. 1....more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2016

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Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

Robins Kaplan LLP

[Webinar] Keeping What is Yours Yours: Best Practices for Software Companies to Protect Their “Secret Sauce” - Feb. 9th, 1:00pm,...

Robins Kaplan LLP on

In today’s fast paced, if not neck-breaking, speed at which advancements in software development and platforms occur, one issue facing software companies is how to keep their competitors from obtaining the "secret sauce." ...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2015

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28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more

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