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  • Article

    Professor's Prosecution Shows Importance Of Disclosing All Foreign Ties

    In August 2019, federal prosecutors indicted Feng Tao, a Chinese scientist conducting research at the University of Kansas, on fraud charges.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Properly Analyzing Breach Of A NDA

    It is inappropriate to apply the test for the tort of misappropriation of trade secrets when the issue is the alleged violation of a non-compete clause in an NDA.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
Article

Protecting Trade Secrets Insufficient To Enforce Covenant Not To Compete In Any Capacity Worldwide

Arunya Suresh, a former employee of NanoMech, involved in the research and development of nanotechnology, signed a non-compete agreement before being hired.
United StatesIntellectual Property
McDermott Will & Emery
McDermott Will & Emery
  • Article

    Proving "Loss" Under The Economic Espionage Act – Not Always Straightforward

    The Obama Administration's focus on criminal trade secret prosecutions under the Economic Espionage Act (EEA) highlights the legal complexities at the murky intersection between criminal and civil jurisprudence in trade secrets cases.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Punitive Damages Clause Of The Virginia Uniform Trade Secrets Act Not So Punishing, Says The Eastern District Of Virginia In A Case Of First Impression

    Punitive damages under the Virginia Uniform Trade Secrets Act ("VUTSA") may have relatively little impact per a recent decision by the Eastern District of Virginia.
    United StatesIntellectual Property
    Venable LLP
    Venable LLP
  • Article

    Pyrrhic Victory For Parties Seeking Fracking Fluid Disclosures

    Parties advocating public disclosure of the chemical makeup of fracking fluids may have won a recent battle in Wyoming, but are they losing the war?
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Recently Filed Lawsuit By Trinseo Highlights The Potential For The Rapid Spread Of Misappropriated Trade Secrets

    In the "standard" trade secret misappropriation case, Company A's trade secret is misappropriated by Company B and used internally by Company B alone to gain an unfair advantage.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

    Software's ability to seemingly transcend patents, copyright, and trade secrets makes it challenging to decide which will provide the best way to enforce those rights.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Released On (Very Little) Bond: Suspect Accused Of Preparing To Flee U.S. With Gore Trade Secrets Is Released On Nominal Bond

    A federal magistrate judge has released on bond the accused trade-secrets larcenist and former W. L. Gore & Associates, Inc. employee Kwang Seoung Jeon.
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Rhode Island Nondisclosure Agreements Bill Moves To Governor; Senate Passes New Noncompete Ban

    The Rhode Island legislature recently moved two bills forward that would limit employers' use of restrictive covenants with employees.
    United StatesIntellectual Property
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Senate Judiciary Committee Votes In Favor Of Passage Of An Amended Defend Trade Secrets Act

    Earlier today, the Senate Judiciary Committee held a voice vote in favor of the passage of the now amended Defend Trade Secrets Act of 2016 ("DTSA").
    United StatesIntellectual Property
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Shane Miller Authors Article On The Defend Trade Secrets Act For ACBA Lawyers Journal

    Pittsburgh Associate Shane Miller recently authored an Allegheny County Bar Association (ACBA) Lawyers Journal article on the Defend Trade Secrets Act (DTSA)...
    United StatesIntellectual Property
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Simple Beats Precise: No Need for Carve-Outs Before Using Previously Produced Discovery

    Here is a riddle for you: when can an interest in reducing cost and burden justify broader discovery?
    United StatesIntellectual Property
    Orrick
    Orrick
  • Article

    Slot Machine Holds Are Not Trade Secrets

    The Supreme Court of Nevada ruled that the Nevada trade secret law does not preclude a defendant from demonstrating that information is readily ascertainable ...
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Start-Up Car Companies Clash In Electrifying Trade Secrets Case

    We will continue to monitor the Faraday case so please check back for updates.
    United StatesIntellectual Property
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Stipulating To Dismissal May Not Bar A Request For Attorneys' Fees

    In Keith Manufacturing Co. v. Butterfield, No. 2019-1136 (Fed. Cir. Apr. 7, 2020), the Federal Circuit held that stipulating to a case's dismissal does not necessarily foreclose a party from seeking attorneys' fees.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Storage Of Confidential Information On Executive's Personal Devices Impedes Trade Secret Protection

    The U.S. Court of Appeals for the Eleventh Circuit considered the oft-litigated issue of what constitutes reasonable efforts to maintain secrecy of a claimed trade secret in Yellowfin Yachts v. Barker Boatworks, a case involving claims against a former executive turned competitor.
    United StatesIntellectual Property
    Fenwick
    Fenwick
  • Article

    Tenth Circuit Affirms Summary Judgment Due To Plaintiff's Failure To Sufficiently Establish Existence Of Trade Secrets

    The Tenth Circuit's recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity...
    United StatesIntellectual Property
    Littler Mendelson
    Littler Mendelson
  • Article

    Tenth Circuit Clarifies Distinction Between "Ownership" And "Possession" In Trade Secret Claims

    The Tenth Circuit recently held that an employee who failed to take adequate steps to protect confidential business information could not maintain claims against his former employer...
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Texas Federal Court Rules "Anti-Competitive" Employment Covenants Do Not Raise Federal Antitrust Question

    In a case solely comprised of state-law claims to enforce employment covenants, a United States District Judge in the North District of Texas ruled last week...
    United StatesIntellectual Property
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Showing 901–920 of 3352 results

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