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Confidential Information Intellectual Property Protection Corporate Counsel

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

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

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

Littler

Considerations for Artificial Intelligence Policies in the Workplace

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In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many...more

FordHarrison

Federal District Court Blocks FTC's Noncompete Rule

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Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more

Baker Botts L.L.P.

When Algorithms Meet Regulators - The Unexpected Vulnerability of AI Trade Secrets

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Companies deploying and developing Artificial Intelligence (“AI”) face a critical intellectual property dilemma: How should I protect AI trade secrets in a regulatory landscape that demands transparency?...more

FordHarrison

Noncompete News: Will New York City's Noncompete Ban Beat the FTC Final Rule to the Punch?

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As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more

Seyfarth Shaw LLP

Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

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On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers...more

Littler

Global Non-Compete Reform – At a Glance: December 2023

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The US is not the only country currently debating reform to the law on non-competes. Notably the UK Government has announced legislation which would limit the duration of non-competes to a period of 3 months after the...more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law - 2023

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Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

Jackson Walker

Second Circuit Narrows Defend Trade Secrets Act Remedies

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The Second Circuit just raised the bar for recovering avoided costs as unjust enrichment in a Defend Trade Secrets Act (“DTSA”) case. With a successful DTSA claim, a trade secret owner may obtain an injunction against further...more

McGuireWoods LLP

Circuit Court Strikes Down Liquidated-Damages Agreement in Trade Secret Case

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The 11th U.S. Circuit Court of Appeals recently made two rulings that may impact companies using liquidated-damages clauses in their confidentiality agreements to protect their trade secrets....more

McAfee & Taft

Can you keep a (trade) secret?

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Do you know what your trade secrets are worth? If not, it’s time to find out, because those who cannot answer this question may find themselves without a basis for bringing a claim under the Defend Trade Secrets Act (DTSA). ...more

Seyfarth Shaw LLP

Recent Hot Topics and Developments in Trade Secrets Law

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There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below....more

Wilson Sonsini Goodrich & Rosati

Are Trade Secret Takedowns Real or a Myth?

When you publish electronic software, you frequently worry about copyright infringement. What if your game used sounds, graphics, text, or code from another game? If a competitor believes your game violates copyright, it...more

PilieroMazza PLLC

Non-Compete Agreements: What Employers and Healthcare Providers Should Know

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Non-compete clauses are a common component in employment agreements for many businesses and healthcare providers. Employers and healthcare providers, ranging from large public hospitals and Fortune 500 companies to small...more

Epstein Becker & Green

New California Law Further Restricts Confidentiality Provisions in Employment, Settlement, and Separation Agreements

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California Governor Gavin Newsom recently signed into law the “Silenced No More Act” (SB 331 or the “Act”), which expands limitations on confidentiality provisions in settlement agreements for filed claims, previously...more

Proskauer Rose LLP

Low Wage and Employee Classification Limits on Non-Compete Agreements

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Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more

Katten Muchin Rosenman LLP

Illinois Enacts Restrictions on the Use of Non-Compete Agreements: What Employers Need to Know

KEY POINTS - - Effective January 1, 2022, employers will need to comply with significant new amendments to the Illinois Freedom to Work Act (the Act), a previously narrow statute restricting the use of non-competes with...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Reminds Plaintiffs to Specify Their Trade Secrets

One of the most common forms of business agreements that our clients enter into is the non-disclosure agreement (NDA). Whether to explore a potential partnership between two companies, to consider a proposed merger or...more

Stoel Rives - World of Employment

Oregon Legislature Further Limits Employee Non-Competition Agreements, Including Imposing a 12-Month Limit on Duration

Over the last several years, the Oregon Legislature has whittled away employers’ ability to enforce employee non-competition agreements (see our posts from 2007, 2015).  Senate Bill 169, which Governor Brown signed into law...more

Fenwick & West LLP

Litigation-Proofing Your Trade Secrets: Practical Steps to Ensure They’re Enforceable in Court

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Trade secret litigation is on the rise, and new case law related to enforceability has broad implications for how companies protect information that they consider to be trade secrets. The Lex Machina 2020 Trade Secret...more

Hogan Lovells

Mexico's new intellectual property laws: Upcoming changes for famous and well-known trademarks

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As covered in our earlier article, the Mexican government approved and published a new Intellectual Property Law (IPL), which will come into force on 5 November, 2020. ...more

Jones Day

Mid-Year Review of Key Global Trade Secret Developments

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A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

Orrick - Trade Secrets Group

The $740 Million Jury Question: Massive Trade Secrets Award Overturned Because of Erroneous “Improper Means” Instruction

The right to a jury trial is one of the most important features of modern trade secrets law.  But as a recently issued Order from the Texas Fourth Court of Appeals (“Court of Appeals”) illustrates, the jury trial right is...more

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