News & Analysis as of

Confidential Information Intellectual Property Protection

Payne & Fears

[Event] Employee Mobility and Confidential Information: Key Issues to Consider When Onboarding and Offboarding Employees -...

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A company can reduce legal risk by adopting strong policies and procedures when onboarding an employee from a competitor. Similarly, when offboarding, there are several measures companies should consider to prevent theft of...more

Jones Day

Severed Knowledge: Negative Trade Secrets Through the Lens of Compartmentalized Memory

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Since the passage of the Defend Trade Secrets Act ("DTSA") in 2016, courts have increasingly addressed the nuance of negative trade secrets—information about what does not work, often referred to as "negative know-how."...more

Ward and Smith, P.A.

Why Your Employees Are Your Biggest Trade Secret Risk (And What NC Business Owners Can Do About It)

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While external cyber threats make headlines, the reality is that your biggest risk often comes from within. For North Carolina businesses, from tech startups in Durham to manufacturers in Greensboro, understanding how to...more

Bricker Graydon LLP

Don’t Overlook these Key Assets in Preparing Your Business for Sale

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Well-known and respected business consulting and advisory firm Ocean Tomo reports that within the last quarter century, intellectual capital has emerged as the leading asset class for businesses comprising the S&P500. ...more

Baker Botts L.L.P.

Patent Protection vs. Trade Secrets: A Strategic Framework for High-Tech Startups

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When developing breakthrough technology, startups face a critical decision: pursue patent protection or maintain trade secrets. The choice depends on your technology's detectability and vulnerability to reverse engineering....more

McDonnell Boehnen Hulbert & Berghoff LLP

Applying Generative AI Tools to Patent Law Practice

Generative AI tools are poised to transform legal practice and offer unique challenges and opportunities, particularly in patent law. Modern large language model (LLM)-based tools enable faster, more efficient document...more

Clark Hill PLC

3 key steps before signing a manufacturing NDA in China

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If your company is working with Chinese manufacturers to produce goods or prototypes, you’ve likely encountered a non-disclosure agreement (NDA) along the way. But many companies don’t realize that standard U.S. NDAs are...more

Cooley LLP

Intellectual Property Disputes With Forensic Analysis Need Lawyers’ Involvement: Cooley’s Michael Berkovits

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Cooley’s Michael Berkovits says lawyers working on an intellectual property dispute should consult closely with forensic analysts and treat their findings as an investigative tool. Computer forensic analysis has become a...more

Troutman Pepper Locke

Strategic Alignment With Collaboration Partners Is Essential to a Successful Life Sciences M&A Exit

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In the midst of shifting political headwinds and a tight funding market, many life sciences companies are considering their M&A exit. Potential acquirers (both strategic and private equity) have plenty of dry powder and are...more

Wolf, Greenfield & Sacks, P.C.

Tips for Conducting a Trade Secret Assessment with Rob Jensen

Trade secrets aren’t static. Companies should regularly reassess the status of their trade secrets and make necessary adjustments to ensure they remain protected at all times. In this episode of IP Talk, shareholder Rob...more

Proskauer - Trade Secrets

$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

Wolf, Greenfield & Sacks, P.C.

Don’t Let Your IP Walk Out the Door

Your employees can be your company’s most valuable asset — but they also represent your greatest vulnerability when it comes to protecting confidential information and intellectual property (IP). To protect confidential...more

Potomac Law Group, PLLC

NDAs with Extras: What You Didn’t Sign Up For

Anyone who has had even passing exposure to technology companies has dealt with Non-Disclosure Agreements (commonly referred to as "NDAs" in high-tech companies but "CDAs" in pharma/biotech to distinguish them from the other...more

Kilpatrick

Is Gen AI Really A Threat to Trade Secrets?

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The advent of generative artificial intelligence has given rise to a debate about how this innovative technology will affect intellectual property rights and trade secret protections in particular....more

Morgan Lewis

Trade Secrets in the Automotive Industry

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As recent innovations in automotive technology continue to fuel unprecedented growth across the industry, companies must adapt their privacy and confidentiality capabilities to safeguard highly valuable trade secrets. With...more

McGuireWoods LLP

Passwords Aren’t Enough: The Critical Role of NDAs in Trade Secret Protection

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In the digital age, businesses may assume that firewalls, login credentials and restricted access are enough to shield proprietary data. But a recent federal court decision shows that a “trade secret” under the Defend Trade...more

Miller Nash LLP

The Particularities of Trade Secret Identification

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It is not uncommon for employers to discover that a departing employee has downloaded information before walking out the door. But the mere fact that an employee downloaded information does not necessarily mean the...more

Venable LLP

Addressing Insider Threats to Intellectual Property

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Kilpatrick

5 Key Takeaways | Protecting Your IP When People are Coming and Going

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Kilpatrick’s Katie Barton, Nena Bains, and Destiny Williams recently presented a webinar in partnership with the Association of Corporate Council on the topic of “Protecting Your IP When People are Coming and Going.”...more

DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

Wolf, Greenfield & Sacks, P.C.

Spring Cleaning and Tune-up for Your Trade Secret Portfolio: Eight Steps

Spring has arrived, and in addition to cleaning, it’s a good time to reassess how your company is handling its trade secrets. Far from being static, trade secret innovations, processes, and data evolve over time. Business...more

Potomac Law Group, PLLC

Three Tips for Your Company's Form Agreements

What’s missing from your company’s form agreements? Using form agreements allows companies to achieve efficiencies, consistency, and preferred contract language, but reliance on the standard terms that have become routine in...more

Ward and Smith, P.A.

Trade Secret Protection in 2025: What In-House Counsel Need to Know

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Recent developments in workplace dynamics, regulatory changes, and several high-profile cases have highlighted the growing importance of understanding and protecting your company's trade secrets. For in-house counsel, staying...more

Constangy, Brooks, Smith & Prophete, LLP

Employee pirates can plunder a business. Arrrgh ye ready?

Piracy is defined as robbery by ship- or boat-borne attackers upon another ship or a coastal area, with a goal of stealing cargo or other valuables. During the Golden Age of Piracy, from the 1680s to the 1720s, infamous...more

Hicks Johnson

How to Develop a Successful Trade Secret Litigation Strategy: 7 Best Practices for In-House Counsel

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In today’s competitive business environment, trade secrets have emerged as some of an organization’s most prized assets. They are the hidden formulas, proprietary processes, and specialized know-how that give companies their...more

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