ArticleNew Opposition To The EU Trade Secrets DirectiveNot everyone is happy about the proposed EU Trade Secrets Directive.European UnionIntellectual PropertyOrrick
ArticleG 1/23: Enlarged Board Of Appeal Redefines Prior Art In EuropeThe Enlarged Board of Appeal of the European Patent Office has issued a landmark decision (G1/23) significantly altering the interpretation of what constitutes prior art.GlobalIntellectual PropertyPotter Clarkson LLP
ArticleFirst Circuit Rejects PBM Challenge to Disclosure StatuteThe U.S. Court of Appeals for the First Circuit rejected the Pharmaceutical Care Management Association's ("PCMA") challenge to provisions of Maine's Unfair Prescription Drug Practices Act ("UPDPA") that required pharmacy benefit managers (PBMs) to disclose certain business practices, such as rebates and discounts from drug manufacturers.United StatesAntitrust/Competition LawJones Day
ArticleITC Grants Oral ArgumentAs we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. United StatesAntitrust/Competition LawJones Day
ArticleCommercial Division Clarifies Standards For Sealing Court Records In Business DisputesIn a recent decision, the New York County Commercial Division reaffirmed the high bar that parties must meet when attempting to seal court documents...United StatesCorporate/Commercial LawFarrell Fritz
ArticleDefend Trade Secrets Act — Implications For Private FundsOn May 11, 2016, the federal Defend Trade Secrets Act became law. The DTSA provides trade-secret protections on the federal level that are similar to those available through the Uniform Trade Secrets Act adopted (with variations) in 48 States.United StatesCorporate/Commercial LawProskauer Rose LLP
ArticleSixth Circuit Affirms Denial Of Broad Injunctive Relief Based On Franchisor’s “Unclean Hands” In Franchise DisputeAdding to case law addressing franchisor–franchisee disputes involving system departures and post-termination competition, the United States Court of Appeals for the Sixth Circuit issued its opinion...United StatesCorporate/Commercial LawLewis Brisbois Bisgaard & Smith LLP
ArticleA "Crowbar To Get Everything": Motorola v. Hytera And The Issues With Imaging Computers In DiscoveryIn an interesting 15-page discovery order, Magistrate Judge Jeffrey Cole of the Northern District of Illinois rejected Motorola's attempt to obtain images of the computers of a number of Hytera employees.United StatesEmployment and HRFisher Phillips LLP
ArticleAllegedly "Rogue" Employees Expose Employer To Potential Misappropriation LiabilityEven though a company took proactive steps to ensure new employees did not bring or use a former employer’s information to their new job, the company may still be on the hook for the subsequent misconduct of allegedly "rogue" employees. United StatesEmployment and HRFenwick
ArticleAttaching Confidential Settlement Agreement To Complaint Serves As Basis For CounterclaimTrade secret and contract claims often travel together. United StatesEmployment and HRHolland & Knight
ArticleBanished . . . For Now: Court Blocks Implementation Of FTC's Noncompete BanAs has been widely reported, the Hon. Ada E. Brown issued a ruling on Aug. 20, 2024, setting aside the Federal Trade Commission's (FTC) controversial ban of nearly all employee noncompetition agreements nationwide.United StatesEmployment and HRArmstrong Teasdale LLP
ArticleCan An Employee’s LinkedIn Account Affect Trade Secret Protection?If your company safeguards its trade secrets but encourages employee social media use, you may want to review a recent California federal court decision.United StatesEmployment and HRFrankfurt Kurnit Klein & Selz PC
ArticleColorado Enacts Legislation Authorizing Potential Criminal Liability For Employers That Violate State Noncompetition StatuteA new Colorado law, effective March 1, 2022, will make violations of the state's noncompetition statute a Class 2 misdemeanor punishable by 120 days in jail, a fine up to $750, or both.United StatesEmployment and HRDuane Morris LLP
ArticleColorado Supreme Court Rules Judge-Made Economic Loss Rule Does Not Bar Recovery For Concurrent Civil Theft, Breach Of Contract ClaimsColorado Supreme Court recently issued an important ruling to address whether litigants may pursue a civil theft claim (including theft or unauthorized use of trade secrets) where such acts also constitute a breach of contract.United StatesEmployment and HRLewis Brisbois Bisgaard & Smith LLP
ArticleComments On FTC's Proposed Rule Banning Non-Competes With Employees And Workers Now Due March 20thThe FTC's proposed rule banning non-competes with employees and workers has now been published in the Federal Register.United StatesEmployment and HRSeyfarth Shaw LLP
ArticleConfidential Information That Isn't A Trade Secret?One question that often arises in the trade secret practice is what information, if any, can be protectable as confidential information even if it does not qualify under state law as a trade secret.United StatesEmployment and HRFisher Phillips LLP
ArticleContractual Employee Non-Solicitation Provisions Under Attack: Employer Loses Battle In Case Involving Unique FactsFour AMN recruiters left AMN to join Aya.United StatesEmployment and HRFisher Phillips LLP
ArticleDefending Trade Secrets In The Gig EconomyWaking up to news of another major data breach seems to have become a daily routine. On the front pages and cable news, we hear about hackers, rogue governments, and shadowy figures involved with these data breachesUnited StatesEmployment and HRFisher Phillips LLP
ArticleExactly Which Trade Secrets Am I Enjoined From Using?If there is one thing that non-compete and trade secret plaintiffs and defendants can agree upon, it is that injunctions need to be clear.United StatesEmployment and HRFisher Phillips LLP