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 federal district court recently issued summary judgment in favor of a retail defendant in a trade secret misappropriation case involving the alleged misappropriation of a CBD cream formula. On September 3, 2020, Healthcare...more
The California Court of Appeal recently upheld the dismissal of claims against Mattel, which alleged that Mattel stole the idea for its flying Barbie doll from Technology from Heaven Unlimited (“TFHU”). Applying New York law,...more
Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more
2/27/2020
/ Confidentiality Policies ,
Conflicts of Interest ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employment Contract ,
Employment Litigation ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FOIA ,
Forum Selection ,
Fraud and Abuse ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legislative Agendas ,
Low-Wage Workers ,
Minimum Wage ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
Sherman Act ,
State Attorneys General ,
State Labor Laws ,
Trade Secrets ,
UK ,
Wage and Hour
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
In Seyfarth’s first installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Michael Wexler, Robert Milligan, and Joshua Salinas reviewed noteworthy cases and legal developments from across the nation over the...more
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
On November 1, 2018, the California Court of Appeal, Fourth Appellate District affirmed a trial court’s ruling in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. et al., Case No. D071924, Cal. App (2018) which (1)...more
11/14/2018
/ Attorney's Fees ,
Breach of Contract ,
Confidentiality Agreements ,
Corporate Counsel ,
Declaratory Relief ,
Employment Contract ,
Employment Litigation ,
Misappropriation ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Nurses ,
Popular ,
Staffing Agencies ,
Summary Judgment ,
Trade Secrets ,
Traveling Employee ,
Unfair Competition
Built into the definition of a trade secret is the requirement to have reasonable secrecy measures. Companies that do not use non-disclosure agreements with their employees can be at a tremendous disadvantage if they decide...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
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
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
As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to immediately improve your company’s practices and add immediate value to your...more
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
The Utah Supreme Court recently issued a significant decision laying out a presumption of harm evidentiary standard in trade secret cases, which will be very useful for plaintiffs seeking injunctive relief in cases involving...more
10/15/2015
/ Breach of Contract ,
Confidential Information ,
Evidentiary Standards ,
Forensic Examination ,
Irreparable Harm ,
Misappropriation ,
Non-Disclosure Agreement ,
Rebuttable Presumptions ,
Standard of Review ,
Summary Judgment ,
Trade Secrets ,
UT Supreme Court ,
UTSA
In today’s post, we have answered some of the most frequent and significant questions that we are asked about trade secret disputes and employment risks.
1. Could you provide a brief snapshot of current trends in...more
9/21/2015
/ Bring Your Own Device (BYOD) ,
Cloud Computing ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Data Protection ,
Data Theft ,
e-Discovery ,
Economic Espionage Act ,
Electronically Stored Information ,
Employee Privacy Rights ,
European Economic Area (EEA) ,
Hiring & Firing ,
Misappropriation ,
Mobile Device Management ,
Mobile Devices ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets
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