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Proskauer - Trade Secrets

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

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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...more

McDermott Will & Emery

Tell Us Your Secret: Case Dismissed for Failure to Identify Trade Secrets

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The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of the defendants for the plaintiff’s failure to identify the trade secrets at issue with sufficient particularity....more

McDermott Will & Emery

Not Secret and Not Used: Misappropriation Claim Dismissed

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The US Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment in favor of the defendants, finding that the plaintiff failed to identify a trade secret and presented no evidence of its use...more

McDermott Will & Emery

And the Band Played On: Reviewing Rule 54(b) Partial Summary Judgment Based on Who Did What to Whom and When

McDermott Will & Emery on

In a case where the cast of characters on both sides of the v. evolved during the lead-up to the litigation as the litigants negotiated third-party deals and formed new entities, the US Court of Appeals for the First Circuit...more

Foley Hoag LLP

Growing Consensus that Trade Secret Claims Must Be Pleaded with Particularity in New York and Elsewhere

Foley Hoag LLP on

Under conventional pleading standards, courts generally allowed plaintiffs to describe their trade secrets with a level of generality when filing a complaint in a trade secret case. It often sufficed for plaintiffs to provide...more

ArentFox Schiff

Recent Case Developments Indicate Increased Judicial Scrutiny on China Initiative Prosecutions

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In November 2018, then-Attorney General Jeff Sessions launched the Department of Justice’s (DOJ) China Initiative, to prevent, combat, and prosecute theft of intellectual property, technology, trade secrets, and other...more

Morris James LLP

Court Of Chancery Enforces Agreement To Waive Corporate Opportunity Claims

Morris James LLP on

Alarm.Com Holdings Inc. v. ABS Capital Partners Inc., C.A. 2017-0583-JTL (June 15, 2018) - Under 8 Del C. Section 122(17) a corporation may waive any claim that a corporate opportunity was wrongfully taken by a fiduciary....more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Requires Specific Pleadings for Trade Secret Claim

Parker Poe Adams & Bernstein LLP on

Like most states, the North Carolina Trade Secrets Protection Act prohibits individuals or businesses from misappropriating or misusing certain confidential business information belonging to someone else. However, not all...more

Winstead PC

Federal Court Dismisses Breach of Fiduciary Duty Claim Because It Was Preempted By The Texas Uniform Trade Secret Act

Winstead PC on

In Embarcadero Techs., Inc. v. Redgate Software, Inc., four employees left their employer and began working at a new company. No. 1:17-cv-444-RP, 2018 U.S. Dist. LEXIS 1902 (W.D. Tex. January 5, 2018). ...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Hinshaw & Culbertson LLP

Court Dismisses Case Filed Under the Defend Trade Secrets Act

Hinshaw & Culbertson LLP on

Earlier this year, we notified you about the passage of the Defend Trade Secrets Act of 2016 (DTSA) and how it affects employers. On August 8, 2016, a U. S. District Judge in the Southern District of Florida dismissed one of...more

Seyfarth Shaw LLP

Financial Projections, Strategic Plans, And Customer Contract Proposals Can Be Trade Secrets

Seyfarth Shaw LLP on

Two competitors who do research and analysis for advertisers and media companies, concerning how television viewing impacts consumer purchasing, have been in a legal battle over alleged trade secret misappropriation, patent...more

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