On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret...more
There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below....more
A California federal district court recently granted a temporary restraining order (“TRO”) against a former employee for misappropriating proprietary and confidential information in violation of the Defend Trade Secrets Act...more
4/3/2019
/ Breach of Contract ,
Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Former Employee ,
Injunctive Relief ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets ,
TRO
Continuing our annual tradition, we have compiled our top developments and headlines for 2018-2019 in trade secret, non-compete, and computer fraud law....more
1/29/2019
/ Blockchain ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
FOIA ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
Petition for Writ of Certiorari ,
Restrictive Covenants ,
Trade Secrets ,
Whistleblower Protection Policies
A California federal district court recently granted a TRO and preliminary injunction against a general manager who allegedly misappropriated customer information from his previous employer in violation of the California...more
A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more
10/8/2018
/ Anheuser-Busch ,
Anti-SLAPP ,
Beer ,
Beverage Manufacturers ,
Breach of Contract ,
Class Action ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Free Speech ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Likelihood of Success ,
Misappropriation ,
Motion to Dismiss ,
Motion To Strike ,
Non-Disclosure Agreement ,
Product Labels ,
Remand ,
Trade Secrets ,
Vacated ,
Whistleblower Protection Policies ,
Whistleblowers
Continuing our annual tradition, we present the top developments and headlines for 2017 and what we expect in 2018 in trade secret, computer fraud, and non-compete law....more
3/6/2018
/ Alphabet Company ,
Automotive Industry ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Driverless Cars ,
Employee Privacy Rights ,
Facebook ,
Forum Selection ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Social Media ,
State and Local Government ,
Technology Sector ,
Trade Secrets ,
Uber ,
US v Nosal ,
Whistleblower Protection Policies
Continuing our annual tradition, we present the top developments/headlines for 2017/2018 in trade secret, computer fraud, and non-compete law....more
2/19/2018
/ Alphabet Company ,
Computer Fraud and Abuse Act (CFAA) ,
Cybersecurity ,
Defend Trade Secrets Act (DTSA) ,
Encryption ,
Facebook ,
Forum Selection ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants ,
Social Media ,
State and Local Government ,
Trade Secrets ,
Uber ,
US v Nosal
On December 6-8, the inaugural Sedona Conference on trade secrets took place in Scottsdale, Arizona. The invitation-only conference brought together outside counsel, in-house counsel, and experts to have an in-depth...more
In Seyfarth’s first installment of its 2018 Trade Secrets Webinar series, Seyfarth attorneys will review noteworthy cases and other legal developments from across the nation over the last year in the areas of trade secrets...more
Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more
7/7/2017
/ Defend Trade Secrets Act (DTSA) ,
Driverless Cars ,
Intellectual Property Litigation ,
Misappropriation ,
Patent Infringement ,
Patents ,
Preemption ,
Trade Secrets ,
Uber ,
Unfair Competition ,
Unfair Trade Practices Act
One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The statute provides for a federal civil cause of action for...more
Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more
1/28/2017
/ Computer Fraud and Abuse Act (CFAA) ,
Data Theft ,
Defend Trade Secrets Act (DTSA) ,
EU Trade Secrets Directive ,
Forum Selection ,
International Trade Commission (ITC) ,
Misappropriation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
Scope and Duration of Restrictive Covenant ,
Section 337 ,
Security Breach ,
State Legislatures ,
TN Supreme Court ,
Trade Secrets
Seyfarth Synopsis: A new federal civil cause of action is now available to trade secrets owners seeking to pursue claims of trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”). To take full advantage of...more
5/12/2016
/ Asset Seizure ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Ex Parte ,
Immunity ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Popular ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
Congress passed federal trade secrets legislation today. On April 4, 2016, the Senate passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, on April 20, 2016, the House Committee approved S. 1890 by...more
On April 4, 2016, the Senate Judiciary Committee passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, House Judiciary Committee Chairman Bob Goodlatte (R-VA) released a statement in which he applauded...more
The U.S. Senate passed on a unanimous 87-0 vote the Defend Trade Secrets Act of 2016 late Monday.
The bill will create a civil cause of action in federal court for trade secret misappropriation and provide remedies that...more
The Senate Judiciary Committee recently released Senate Report 114-220 regarding the Defend Trade Secrets Act of 2016 (“DTSA”). A background on and recent developments of the DTSA are discussed more fully on our blog....more
Yesterday, the Senate Judiciary Committee held a voice vote in favor of the passage of the now amended Defend Trade Secrets Act of 2016 (“DTSA”). At this point, the Committee has not yet revealed when the current version of...more
On January 21, 2016, in Washington, the Senate Judiciary Committee will hold a meeting to consider S. 1890, the Defend Trade Secrets Act of 2015 (“DTSA”). The passage of the DTSA would provide a federal civil cause of action...more
Continuing our tradition of presenting annually our thoughts concerning the top 10 developments/headlines this past year in trade secret, computer fraud, and non-compete law, here—in no particular order—is our listing for...more
1/12/2016
/ Computer Fraud and Abuse Act (CFAA) ,
Confidentiality Agreements ,
Data Breach ,
Defend Trade Secrets Act (DTSA) ,
EU ,
Forum Selection ,
Franchises ,
NLRA ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Trans-Pacific Partnership
Earlier today, the Senate Judiciary Committee held a hearing regarding the protection of trade secrets through the creation of a federal civil cause of action, which would allow trade secret victims to sue for trade secret...more
On December 2, 2015, at 10:00 a.m. EST, the United States Senate Judiciary Committee will hold a hearing concerning trade secret theft entitled “Protecting Trade Secrets: The Impact of Trade Secret Theft on American...more
With increased activity regarding proposed federal trade secrets legislation expected next month and for the remainder of the fall Congressional session, Seyfarth Shaw’s dedicated Trade Secrets/Non-Compete group has created a...more