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Confidential Information Employment Contract Misappropriation

McDermott Will & Emery

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

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

Sheppard Mullin Richter & Hampton LLP

Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret...

A recent federal district court ruling serves as an important reminder that a former employee may be held liable for trade secret misappropriation even if the alleged trade secrets are not physically or electronically taken...more

Baker Donelson

Top Developments in Trade Secret Law

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In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more

Seyfarth Shaw LLP

DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

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The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First...more

Seyfarth Shaw LLP

DraftKings Obtains Restrictive Covenant and Trade Secret Injunction Against Former Executive

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All bets are off in a Boston-based dispute between DraftKings Inc. and one of its former vice presidents. On April 30, 2024, the District of Massachusetts granted DraftKings a twelve-month preliminary injunction preventing...more

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

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On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

McDermott Will & Emery

Fifth Circuit Rejects Recruiter’s Trade Secret Misappropriation and Contract Defenses

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The US Court of Appeals for the Fifth Circuit affirmed a district court’s decision finding trade secret misappropriation and breach of contract based on a recruiter’s improper use of confidential client information. Counsel...more

Farrell Fritz, P.C.

A Reminder From The Commercial Division That Disloyalty Doesn’t Pay … Literally!

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It is no secret that employees are often the most likely people to misappropriate an employer’s confidential information or valuable trade secrets. In this particular situation, employers have many options at their disposal,...more

Sheppard Mullin Richter & Hampton LLP

Signed, Sealed, Delivered? Fifth Circuit Finds Sealing of Sensitive Information Requires Far More Than a Protective Order

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. One of the most important—yet often overlooked—issues in these cases can be summarized by the following...more

Erise IP

A Trade Secret Storm Looms: Six Steps to Take Now

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A storm is brewing in the intellectual property world, and it’s heading straight for trade secrets. With millions of Americans quitting their jobs each month — 4.3 million in December alone — and pandemic-stunned...more

Sheppard Mullin Richter & Hampton LLP

Reminder to Professional Services Firms – Do Not Take Your Trade Secrets for Granted

For most (if not all) professional services firms, client databases, client contact lists, and information reflecting client preferences are regarded by such firms as trade secrets that are essential to the business. ...more

Payne & Fears

Five Policies to Help Avoid “Unforced Errors” By New Hires That May Lead To A Trade Secrets Misappropriation Claim

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Company new hires sometimes commit “unforced errors” when departing one company and joining another, leading to trade secrets disputes with the prior employer that could have been prevented by following basic rules and...more

Dickinson Wright

Water Treatment Giant Puts Former Employee in Hot Water For Allegedly Stealing Trade Secrets

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Water treatment giant Ecolab Inc. sued its former marketing manager, Preston Alexander, and his new company, One Degree Medical, alleging Alexander stole trade secrets to set up a competing business in violation of his...more

Sheppard Mullin Richter & Hampton LLP

California Court Strikes Down Overbroad Confidentiality Agreement as a de facto Non-Compete

Trade secrets and other proprietary information can be among a business’ most valuable assets and drive its competitive advantage. It is therefore ordinarily critical that employees be bound by an enforceable agreement that...more

Payne & Fears

[Webinar] Make Sure Your Company’s Confidential Information Was Not Disclosed at Home - June 12th, 10:00 am - 11:00 am PDT

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Now that your employees may be coming back to work in the office, what legal steps should you take to ensure that your company’s confidential information or trade secrets remain protected? Come prepared with questions. We...more

Lowndes

Here’s What You Need To Know About Protecting Trade Secrets

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What do you do when a key employee leaves and you believe he/she has taken your company’s trade secrets to a competitor? Or when a strategic business partner uses your trade secret information to compete against you?...more

Epstein Becker & Green

New London Connecticut Superior Court Jury Awards $839,423 Verdict for Theft of U.S. Navy Underwater Drone Project Trade Secrets

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A New London Connecticut Superior Court jury awarded an $839,423 verdict in November 2019, involving theft of trade secrets for a $70 million U.S. Navy underwater drone project. This case, LBI, Inc. v. Sparks, et al.,...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on the Four Factors to Consider when Temporary Injunctive Relief is Requested

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Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a plaintiff’s request for a temporary restraining order (TRO) against former employees who allegedly stole confidential client contact...more

Farella Braun + Martel LLP

Securing Against Trade Secret Pitfalls and Dangers Arising From Employee Mobility Situations

Picture this: Your company is in a highly competitive industry with several leading players heavily supported by major corporate investors and/or venture capital funds. The market is expected to generate potentially hundreds...more

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Trade Secrets

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When many people think of trade secrets, they envision something mysterious and legendary—such as the original Coca-Cola formula locked in an Atlanta vault, or Col. Sanders’ recipe for fried chicken. But many companies have...more

Gray Reed

Who Pays When Your New Employee Brings Your Competitor’s Trade Secrets?

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Days ago, engineer Anthony Levandowski was indicted on criminal charges accusing him of stealing information from Google-owned Waymo and taking it to Uber. While the indictment alleges he downloaded 14,000 documents...more

Holland & Knight LLP

Pennsylvania’s “Gist of the Action” Doctrine Does Not Preclude Trade Secret Claims

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Pittsburgh Logistics (PL) sued its competitor and former employee, alleging that the employee breached his employment agreement by working for the competitor and that he would inevitably disclose PL's confidential and trade...more

Orrick - Trade Secrets Group

Spring Cleaning: Tidying Up Your “Reasonable Efforts” to Maintain Trade Secrets

It’s among an in-house counsel’s worst nightmares. A former business partner, ex-employee, consultant, or competitor has stolen your company’s trade secret information. Company management demands swift action....more

Seyfarth Shaw LLP

That’s a Wrap: California Federal Court Grants TRO Against Former Employee for Trade Secret Misappropriation

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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

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