Author Info for Proskauer - Trade Secrets

Michael Beckwith

Virginia Court of Appeals Vitiates Multi-Billion Dollar Trade Secrets Verdict

Finding errors in the lower court’s jury instructions and evidentiary rulings, the Virginia’s Court of Appeals struck down a $2 billion trade secrets award, the largest trade secrets verdict in the state’s history. Despite… more

Appeals, Damages, Jury Instructions, Misappropriation, Proprietary Information

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Joseph Drayton

The 8th Circuit Affirms a Preliminary Injunction Barring an Ex-Cigna Executive from Joining CVS Based on Two-Year Non-Compete Clause

On January 26, 2023, Cigna Corp. (“Cigna”) sued CVS Health Corp. (“CVS”) and its newly hired chief product officer Amy Bricker (“Bricker”), in the US District Court for the Eastern District of Missouri, for allegedly violating… more

Corporate Counsel, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements, Preliminary Injunctions

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Pinchos Goldberg

Trade Secret Complaint Fails Basic Requirements

On May 23, 2024, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failure to identify a trade secret. The case is titled Vertical Bridge REIT, LLC v. Everest… more

Defend Trade Secrets Act (DTSA), Dismissals, Misappropriation, Pennsylvania, Telecommunications

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Larenz Jones

More Information Needed: Former Employee Dodges Trade Secrets Suit Brought by Interior Design Company

On May 1, 2024, in Design Gaps, Inc. v. Hall, 23CV040664-590, North Carolina’s business court dismissed an interior design company’s trade secret claim for failure to sufficiently plead the existence of trade secrets. The… more

Defend Trade Secrets Act (DTSA), Employer Liability Issues, Employment Litigation, Former Employee, Intellectual Property Protection

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Christina Hyun Jin Kroll

An Archetypical Trade Secrets Claim with a Twist: Tribal Sovereign May be Sued in Court for Alleged Theft of Trade Secrets Related To its Participation in SBA Program

AQuate II, LLC v. Jessica Tedrick Myers and Kituwah Global Gov’t Group, LLC, is, as all parties put it, about “an archetypical trade secrets claim,” but with a couple of twists: sovereign immunity and an agreement to resolve… more

Business Development, SBA, Sovereign Immunity, Trade Secrets, Tribal Courts

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Jake Lee

Tenth Circuit Affirms Dismissal of Trade Secret Claims for Lack of Particularity and Secrecy

On April 22, 2025, the Tenth Circuit affirmed summary judgment in favor of a sales manager and his new employer on claims under the Defend Trade Secrets Act (“DTSA”), the Oklahoma Uniform Trade Secrets Act (“OUTSA”), and common… more

Appeals, Business Litigation, Confidential Information, Defend Trade Secrets Act (DTSA), Dismissals

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Brenna McLean

Eleventh Circuit Revives Trade Secret Misappropriation Claim in Long-Running Litigation

On April 4, 2025, the Eleventh Circuit reversed the U.S. District Court for the Northern District of Alabama’s ruling dismissing Alabama Aircraft Industries’ (“AAI”) trade secret misappropriation claim against Boeing, thereby… more

Appeals, Boeing, Breach of Contract, Contract Disputes, Corporate Counsel

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Michelle Ovanesian

Employee Mobility and Trade Secrets in the Golden Era of Life Sciences Innovation

The life sciences sector is in its “golden era” of innovation with the convergence of disciplines—including genetics, immunology, cell biology, and artificial intelligence—changing the speed, efficiency, and cost at which… more

Breach of Contract, Breach of Duty, Fiduciary Duty, Innovation, Life Sciences

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Steven Pearlman

9th Circuit Clarifies Trade Secret Disclosure Requirements Under The DTSA

The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of discovery—much unlike… more

Abuse of Discretion, Appellate Courts, California, Confidential Information, Defend Trade Secrets Act (DTSA)

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Connor Riser

Georgia Federal Court Denies TRO and Motion to Dismiss in Trade Secrets Case

On March 27, 2025, in Stimlabs LLC v. Griffiths, the U.S. District Court for the Northern District of Georgia ordered a former executive, Sarah Griffiths, to face claims related to her alleged theft of Stimlab’s trade secrets… more

Breach of Contract, Confidential Information, Defend Trade Secrets Act (DTSA), Employment Litigation, Intellectual Property Litigation

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Seth Safra

Seventh Circuit Decision Highlights Distinction Between Traditional Non-Compete and Forfeiture-for-Competition

A recent decision by the U.S. Court of Appeals for the Seventh Circuit allowed an employer to enforce a “forfeiture-for-competition” against a former plant manager. The Court explained that, under Delaware law, forfeiture-for… more

Contract Terms, Corporate Counsel, Corporate Governance, Delaware, Employees

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Elizabeth Shrieves

EV Trade Secrets Litigation Series: Tesla and Rivian Resolve High-Stakes Legal Clash Over IP

After getting the green light to proceed to a trial in March of 2025, Tesla and Rivian have reportedly reached an agreement to settle their trade secret dispute out of court. Tesla and Rivian officially filed for dismissals in… more

Batteries, Confidential Information, Electric Vehicles, Employment Litigation, Intellectual Property Litigation

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Nicole Sockett

Jury Awards $452 Million After Trade Secrets Trial

On December 3, 2024, a U.S District Court for the District of Massachusetts jury awarded Plaintiff Insulet Corporation $452 million in compensatory and punitive damages after finding Defendants willfully misappropriated… more

Business Litigation, Compensatory Damages, Confidential Information, Corporate Misconduct, Damages

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Nicole Swanson

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

A nearly decade-long legal battle in the U.S. District Court for the Northern District of Illinois recently concluded with a significant jury verdict, underscoring the potentially severe consequences of trade secret theft… more

Business Litigation, Confidential Information, Corporate Counsel, Corporate Misconduct, Damages

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Scott Tan

9th Circuit Clarifies Trade Secret Disclosure Requirements Under The DTSA

The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of discovery—much unlike… more

Abuse of Discretion, Appellate Courts, California, Confidential Information, Defend Trade Secrets Act (DTSA)

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Margaret Ukwu

The 8th Circuit Affirms a Preliminary Injunction Barring an Ex-Cigna Executive from Joining CVS Based on Two-Year Non-Compete Clause

On January 26, 2023, Cigna Corp. (“Cigna”) sued CVS Health Corp. (“CVS”) and its newly hired chief product officer Amy Bricker (“Bricker”), in the US District Court for the Eastern District of Missouri, for allegedly violating… more

Corporate Counsel, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements, Preliminary Injunctions

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Connor Villar

The High-Stakes Game of AI Trade Secrets and Congress’s Next Move

In a world racing to master artificial intelligence, Congress is worried America’s secrets are slipping away. Recently, the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet… more

Artificial Intelligence, CFIUS, China, Congressional Investigations & Hearings, Export Controls

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Baldassare Vinti

The High-Stakes Game of AI Trade Secrets and Congress’s Next Move

In a world racing to master artificial intelligence, Congress is worried America’s secrets are slipping away. Recently, the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet… more

Artificial Intelligence, CFIUS, China, Congressional Investigations & Hearings, Export Controls

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Jeffrey Warshafsky

Plead Your Case, Not Your Secrets: A Discussion of Recent Trade Secret Complaints

Taking legal action to protect a trade secret is unlike other intellectual property litigation since what you’re trying to protect is a secret. Plaintiffs must navigate a fine line between pleading their complaint with enough… more

Corporate Counsel, Defend Trade Secrets Act (DTSA), Failure To State A Claim, Intellectual Property Litigation, Intellectual Property Protection

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Jonathan Weiss

More Information Needed: Former Employee Dodges Trade Secrets Suit Brought by Interior Design Company

On May 1, 2024, in Design Gaps, Inc. v. Hall, 23CV040664-590, North Carolina’s business court dismissed an interior design company’s trade secret claim for failure to sufficiently plead the existence of trade secrets. The… more

Defend Trade Secrets Act (DTSA), Employer Liability Issues, Employment Litigation, Former Employee, Intellectual Property Protection

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Proskauer - Trade Secrets

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