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Key Discovery Points: Be a Team Player When It Comes to Production
Podcast - “I Lied Like a Dog!”
Law School Toolbox Podcast Episode 511: Listen and Learn -- Landlord/Tenant Law (Part 1)
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Podcast - How Do You Define Success?
The Three C’s for Addressing Prior Inconsistent Statements
Understanding Discovery in Commercial Litigation
The JustPod: Defending the "Evil Genius:" A Conversation with Leonard Ambrose
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 57 - Wired for Truth: The Art & Science of Polygraphs
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
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
Recent case law confirms that trade secret owners should proactively investigate any suspicions of theft, and if they do not, they may be at greater risk of being barred under the statute of limitations than they may expect....more
On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret...more
Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,...more
As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...more
In recent years, juries have returned verdicts in trade secret disputes of $2.04 billion, $570 million, $152 million, and $105 million. The enormity of these verdicts reflect the importance the modern economy places on trade...more
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
In a recent decision, an Eastern District of Texas court conducted an analysis under Federal Rule of Evidence Rule 404(b) outside the criminal context to allow evidence of “other acts” in a trade secrets litigation. The...more
The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country. The Result: As recently amended, Chinese law now follows some case law developments...more
Recent changes to German law are expected to facilitate trade secret litigation. Dr. Christian Paul, a Munich-based partner, explains why these actions still require careful consideration of German procedural law, with a...more
Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more
Paris-based Jones Day partner Thomas Bouvet talks about the challenges involved in gathering evidence and the most difficult aspects of trade secret litigation in France. He also discusses the remedies available to wronged...more
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
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
On 27 May 2020 WIPO launched new online business service, WIPO PROOF, that provides tamper-proof evidence of the existence at a point in time of any digital file, including data sets, in any format. The WIPO PROOF service...more
Preservation of electronically stored evidence (ESI) may be critical in trade secret cases. When a dispute revolves around whether a defendant accessed and/or transmitted the plaintiff’s trade secret material maintained in an...more
The Background: French Decree No. 2018-1126, which is intended to enhance the protection of documents containing confidential information, became effective following publication in the Official Journal. The Result: The...more
In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more
Judge Vince Chhabria of the Northern District of California handed down a strongly worded order denying a motion to seal alleged trade secret information, and sanctioning counsel for defendant for the frivolous request. ...more
Last week, multinational mining giant Rio Tinto asked a federal court in Manhattan to shield its document disclosures to the Securities and Exchange Commission (SEC) from the public eye....more
Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more