News & Analysis as of

Confidential Information Intellectual Property Protection Appeals

Miller Nash LLP

The Particularities of Trade Secret Identification

Miller Nash LLP on

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

Seyfarth Shaw LLP

The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule

Seyfarth Shaw LLP on

Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the...more

Knobbe Martens

Disclosures Under Joint Defense Agreement Were Not A Protective Order Violation

Knobbe Martens on

STATIC MEDIA LLC v. LEADER ACCESSORIES LLC - Before Dyk, Reyna, and Taranto.  Appeal from the Western District of Wisconsin. Summary: It was an abuse of discretion to hold a party in contempt for an alleged protective...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Farella Braun + Martel LLP

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation...more

Seyfarth Shaw LLP

A Little Knowledge Is a Dangerous Thing: Beware the Statute of Limitations in Trade Secrets Misappropriation Cases

Seyfarth Shaw LLP on

Seyfarth Synopsis: Knowledge that a competitor or former employee is misappropriating trade secrets is difficult to come by. At the same time, however, once a company has notice that misappropriation may be occurring, the...more

Seyfarth Shaw LLP

California Appellate Court Rules Publication of Trade Secrets, Even Without Owner Consent, Eviscerates Protection

Seyfarth Shaw LLP on

It is axiomatic that in order for information to be considered a trade secret, it must have been kept secret. But what if the trade secret is disclosed without the owner’s consent? Such was the issue in Intellisoft, Ltd. v....more

FordHarrison

Non-Compete News: – Georgia Court Interprets Non-Compete Statute's "Sale-of-a-Business" Provision

FordHarrison on

Georgia’s Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) (“RCA”) governs Georgia non-compete agreements entered into after May 2011. Very few courts have interpreted the RCA since its inception. In Bearoff v. Craton,...more

Hogan Lovells

Dutch court of appeal sets up confidentiality club in IP proceedings

Hogan Lovells on

In a recent trademark case, the Court of Appeal of The Hague set up a confidentiality club in order to create a possibility for the alleged infringer to submit confidential information in the proceedings. This mechanism was...more

Seyfarth Shaw LLP

Oregon Adds Employee-Friendly Requirement to Existing Non-Compete Law… But Also Produces Company-Friendly Trade Secrets Law in...

Seyfarth Shaw LLP on

On May 14, 2019, Oregon Governor Kate Brown signed into law HB 2992, which, as of January 1, 2020, requires an employer to provide a terminated employee with a signed, written copy of his or her non-competition agreement...more

Butler Snow LLP

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

Butler Snow LLP on

A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee’s Facebook account and using that information to pursue a trade secrets claim against four former employees....more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

Fisher Phillips on

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Fenwick & West LLP

Storage of Confidential Information on Executive’s Personal Devices Impedes Trade Secret Protection

Fenwick & West LLP on

The U.S. Court of Appeals for the Eleventh Circuit considered the oft-litigated issue of what constitutes reasonable efforts to maintain secrecy of a claimed trade secret in Yellowfin Yachts v. Barker Boatworks, a case...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2018

Fenwick & West LLP on

In This Issue - Gender Diversity in Patenting: Current Landscape and Recommendations - The gender gap in patenting is a current challenge that companies face. While this issue seems pervasive, companies and lawyers can...more

Carlton Fields

Court Finds That Apparently Inconsistent Forum Selection Provisions Do Not Render Arbitration Agreement Unenforceable

Carlton Fields on

Plaintiff Fintech Fund, FLP filed an action in federal court in the Southern District of Texas asserting claims under the federal Defend Trade Secrets Act and the Computer Fraud and Abuse Act against Ralph Horne, a citizen of...more

Seyfarth Shaw LLP

The Texas Court of Appeals for the Third District Holds that the Texas Anti-SLAPP Statute Applies to a Conspiracy to...

Seyfarth Shaw LLP on

The Texas Court of Appeals, Third District, issued an opinion in Tejas Vending, LP, et al. v. Tejas Promotions, LLC further delineating the applicability of Texas’s anti-SLAPP statute, the Texas Citizens Participation Act...more

Patterson Belknap Webb & Tyler LLP

Judge Koeltl Agrees that “Access” to Confidential Information is Enough to Trigger a Prosecution Bar

On November 20, 2017, District Judge John G. Koeltl (S.D.N.Y.) approved a prosecution bar for “any individual who gains access” to confidential material. In addition, Judge Koeltl determined that post-issuance proceedings,...more

King & Spalding

Intellectual Property Newsletter - July - August 2015

King & Spalding on

Protecting Trade Secrets in the Era of the Data Breach - The prevalence of data breaches cannot be ignored. New data breaches continue to occur one after an-other. In the first half of 2015 alone there were reports of...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide