Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both...more
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
7/30/2024
/ Appeals ,
Breach of Contract ,
Defend Trade Secrets Act (DTSA) ,
Federal Court Litigation ,
IBM ,
Intellectual Property Protection ,
Joint Venture ,
Jurisdiction ,
Res Judicata ,
State Law Claims ,
Trade Secrets
Actuators are remotely operated mechanized devices used in a variety of applications, such as opening and closing valves. They are often operated hydraulically, which requires them to have their own valves. Maintaining the...more
Most litigators have at least a passing familiarity with the "sham affidavit" doctrine, under which an affidavit submitted in opposition to summary judgment that without explanation flatly contradicts the affiant's prior...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
...Patterns of Trade Secret Issues
...Fiduciary Responsibilities When...more
In most states for certain claims, the statute of limitations is tempered by the "discovery rule," under which the limitations period does not start until the claimant knew or should have known of its claim against the...more
The equitable defense of "unclean hands" is often raised but rarely proven. Sometimes stated as "he who comes into equity must come with clean hands," it is based on the maxim that "he that hath committed iniquity shall not...more
3/1/2019
/ Abuse of Discretion ,
Appeals ,
Document Retention Policies ,
Duty of Loyalty ,
Electronically Stored Information ,
Employee Misconduct ,
Equitable Relief ,
Misappropriation ,
Preliminary Injunctions ,
Tortious Interference ,
Trade Secrets ,
Unclean Hands
The Supreme Court of Texas recently ruled that a trial court erred in a hearing on a misappropriation of trade secrets claim. The lower court had summarily refused the plaintiff's request to exclude the designated corporate...more