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Trade Secrets › Jurisdiction

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 -
Holland & Knight LLP

Dismissal of State Court Claims Bars DTSA Claim in Federal Court

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By statute, judgments of state courts are entitled to the same preclusive effect in subsequent federal litigation as they would have in subsequent state court litigation. 28 U.S.C. § 1738. A recent decision by the U.S. Court...more

Hogan Lovells

Neues Gesetz stärkt Justizstandort Deutschland: Einführung von Commercial Courts und Englisch als Gerichtssprache

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Am 4. Juli 2024 verabschiedete der Bundestag das Gesetz zur Stärkung des Justizstandortes Deutschland. Es führt Commercial Courts und Englisch als Gerichtssprache in der Zivilgerichtsbarkeit ein, um die Attraktivität...more

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

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The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Harris Beach PLLC

New York Labor Law: Certain Employee Inventions Belong to Employees

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New York’s recent addition of Section 203-f to Labor Law declares unenforceable any provisions in existing and future employment agreements requiring an employee to assign to the employer those inventions developed entirely...more

Proskauer - Law and the Workplace

[Podcast]: In a World Without Non-Competes

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In this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor &...more

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

[Webinar] Trade Secrets at the ITC - November 15th, 1:00 pm - 2:00 pm ET

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

Directors Uma Everett and Paul Ainsworth will present the “Trade Secrets at the ITC” webinar on Wednesday, November 15, 2023, at 1:00 PM (EDT). During the webinar, attendees will understand strategic considerations...more

McDermott Will & Emery

Head East: Contract Disputes Act Claims Must Be Filed in DC

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The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Trade Dress and Forum Non Conveniens

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This week, the Court considers trademark protections for furniture and the enforceability of forum-selection clauses.  The Court affirms the district court’s decision holding a defendant liable for trade dress...more

K2 Integrity

Why The Need for Human Investigators Will Always Exist

K2 Integrity on

The world of business intelligence and corporate investigations has not been left untouched by the unstoppable march of technological innovation. Today’s investigations benefit greatly from technology-driven solutions to the...more

Mintz - Intellectual Property Viewpoints

An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA

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Federal courts remain split on whether the Defend Trade Secrets Act (DTSA) allows for trade secret misappropriation claims brought under a theory of inevitable disclosure. Given this current patchwork of treatment of...more

McGlinchey Stafford

Has my contract been modified? - McGlinchey Commercial Law Bulletin - September 22, 2022

McGlinchey Stafford on

Ohio- Assignee of Contract- Auto Loan, Inc. v. Sisler, 11th Dist. Portage No. 2022-Ohio-3282. In this appeal, the Eleventh Appellate District reversed the trial court’s decision finding that the plaintiff was not an...more

ArentFox Schiff

As US-China Rivalry Intensifies, Congress Pushes to Further Decouple – Outbound Screening and the NCCDA

ArentFox Schiff on

Longstanding concerns on Capitol Hill about certain “outbound” activities conducted by U.S. companies and investors, particularly in the technology sector, both in China as well as outside of China with a China nexus, have...more

Mintz - Arbitration, Mediation, ADR...

The Road Less Travelled: Why Arbitration is an Increasingly Attractive Alternative for Resolving IP Disputes

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Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular...more

Fox Rothschild LLP

Business Court Confirms The “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain A Rarity

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As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, Inc., 2021 NCBC 2, the Court...more

Robins Kaplan LLP

[Webinar] Conversation on Cross-Border IP Protection and Enforcement Session II | Key Issues in Cross-Border Trade Secret...

Robins Kaplan LLP on

Trade secret protection provides an alternative avenue to protect company investments in technology innovation and its marketplace advantage. But not everything that is considered company confidential is necessarily a trade...more

Smart & Biggar

Cloud computing: A brief overview of intellectual property issues "in the cloud"

Smart & Biggar on

Cloud computing has increasingly become a dominant model for computer and information technology service, with the majority of businesses worldwide using computing resources and storing data “in the cloud.” However, despite...more

Orrick - Trade Secrets Group

ITC’s Expansive Reach over Trade Secrets Developed and Misappropriated Abroad

Orrick - Trade Secrets Group on

Trade secret protections are a powerful tool for companies seeking to police international theft of their intellectual property. The United States International Trade Commission (“ITC”) recently re-affirmed this, when...more

Fox Rothschild LLP

Once A Business Court Case, Always A Business Court Case

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Business Court Retains Case Even After ‘Jurisdictional Hook’ Claim Is Dismissed. We know that only certain types of claims can trigger Business Court jurisdiction. See N.C.G.S. 7A-45.4. But what happens when the claim that...more

Holland & Knight LLP

The Duty of Confidentiality and the Choice of Law

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The District of Rhode Island answered an interesting question recently: which jurisdiction's law should define the duty of confidentiality owed to an employee's Italian-based former employer? Here, the plaintiff asserted...more

Holland & Knight LLP

Massachusetts Enacts Law on Noncompete Agreements

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• Massachusetts Gov. Charlie Baker recently signed into law the Massachusetts Noncompetition Agreement Act (Act), governing noncompetition agreements signed on or after Oct. 1, 2018, by employees and independent contractors...more

Hogan Lovells

China professionalises its IP judiciary: 15 specialised IP Tribunals now open for business

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Since November 2014, when the first IP courts were set up in Beijing, Shanghai and Guangzhou, China has been rapidly setting up new specialised IP tribunals throughout its vast hinterland. ...more

Mintz - Intellectual Property Viewpoints

International Trade Commission Becomes Even More Potent Venue for Victims of Trade Secret Misappropriation

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Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those...more

Morris James LLP

Court Of Chancery Explains Long-Arm Jurisdiction Based On Creating A Subsidiary

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The Dow Chemical Company v. Organik Kimya Holding A.S., C.A. No. 12090-VCG (Oct. 19, 2017) - Under the Papendick v. Bosch decision, incorporating an entity in Delaware may give rise to long-arm jurisdiction over the...more

McDermott Will & Emery

Brexit - Legal Implications

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In our latest memorandum, we have briefly outlined some of the main legal implications of Brexit according to different models, including the EEA model. In light of recent comments made by Theresa May, it is unlikely that...more

Bennett Jones LLP

Now You See It, Now You Don’t: SCC Upholds Worldwide Injunction That Alters Google Search Results

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The Supreme Court of Canada has upheld a novel injunction order against Google, requiring it to remove certain websites from worldwide search results. For litigants in Canadian courts, Google v. Equustek enlarges both the...more

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