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Misappropriation Trade Secrets 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

Faegre Drinker Biddle & Reath LLP

Courts Continue to Find the Federal Trade Secrets Act Reaches Extraterritorial Conduct

Summary - Courts across the country have found that the DTSA can reach a foreign defendant’s conduct when — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of the misappropriation was committed in the United...more

Proskauer - Trade Secrets

Eleventh Circuit Revives Trade Secret Misappropriation Claim in Long-Running Litigation

On April 4, 2025, the Eleventh Circuit reversed the U.S. District Court for the Northern District of Alabama’s ruling dismissing Alabama Aircraft Industries’ (“AAI”) trade secret misappropriation claim against Boeing, thereby...more

McGuireWoods LLP

Trade Secrets: What You Should Know From 2024 to Prepare for 2025

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Summary - Trade secrets remain crucial to companies around the world, preserving their most sensitive and valuable information. From energy to healthcare to agriculture, companies in every industry seek to better develop,...more

Morgan Lewis

Are US Intellectual Property–Based Sanctions Imminent?

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Though unutilized for the first 18 months of its life, a recent presidential delegation suggests that the administration may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act...more

Proskauer - New Media & Technology

Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Irwin IP LLP

Money Talks: Trade Secret’s New Extraterritorial Reach 

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Motorola Sols., Inc. v. Hytera Commc'ns Corp. Ltd., No. 22-2370, 2024 WL 3268954 (7th Cir. July 2, 2024) - The Seventh Circuit has opened the flood gates by allowing trade secret owners to recover damages for foreign sales...more

Proskauer - Trade Secrets

Plead Your Case, Not Your Secrets: A Discussion of Recent Trade Secret Complaints

Taking legal action to protect a trade secret is unlike other intellectual property litigation since what you’re trying to protect is a secret. Plaintiffs must navigate a fine line between pleading their complaint with enough...more

TransPerfect Legal

Trade Secret Protection in Life Sciences: Strategies for Success

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Late last month, the Association of Corporate Counsel (ACC) hosted a panel on Trade Secret Protection in Life Sciences: Strategies for Success. In today's rapidly evolving business environment, trade secrets are becoming...more

Axinn, Veltrop & Harkrider LLP

Motorola v. Hytera: Seventh Circuit Set to Hear Arguments on the Extraterritorial Reach of DTSA

On December 5, the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corp. will hear high-stakes arguments concerning the application of the federal Defend Trade Secrets Act (“DTSA”) to trade secrets taken...more

Dorsey & Whitney LLP

Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink...

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Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more

McDermott Will & Schulte

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

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The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...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

Dorsey & Whitney LLP

Poaching Employees Landed Generator Maker into Hot Water

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In a recent trade secrets litigation in the United States District Court in the Northern District of California, a jury awarded the plaintiffs 40 million dollars, half of which was punitive damages. The Court also...more

Seyfarth Shaw LLP

Lessons from a Staffing Misappropriation and Non-Compete Trial

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Cases don’t try very often. Doubly so in trade secret/non-compete litigation. So many of these disputes get resolved at the injunctive relief phase of the proceeding that, when one goes the distance, it is almost always worth...more

McDermott Will & Schulte

A Window into Trade Secret Damages: R&D Costs Can Quantify Unjust Enrichment

The US Court of Appeals for the Third Circuit affirmed a district court’s finding of damages in a trade secrets case under Pennsylvania’s version of the Uniform Trade Secrets Act. The Third Circuit explained that it is...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

ArentFox Schiff

In Government Contracting Dispute, 11th Circuit Affirms $2M Verdict for Breach of Teaming Arrangement and Revives $100M Trade...

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Last week, the US Court of Appeals for the Eleventh Circuit affirmed a $2 million jury verdict against Boeing in a breach of contract suit by Alabama Aircraft Industries, Inc. (AAI), a former government contracting partner,...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

Holland & Knight LLP

Sixth Circuit Offers Guidance to Distinguish Single Continuing Misappropriation Claim from Multiple Claims

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In B&P Littleford, LLC v. Prescott Mach., LLC, No. 20-1449, 2021 WL 3732313 (6th Cir. Aug. 24, 2021) (unpublished), the U.S. Court of Appeals for the Sixth Circuit recently provided guidance as to factors courts should...more

Holland & Knight LLP

Man vs. Machine: Court Examines Bot's Data Scraping as Improper Means of Appropriating Trade Secrets

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In Compulife Software Inc. v. Newman, 959 F.3d 1288 (11th Cir. 2020), the United States Court of Appeals for the Eleventh Circuit examined the intersection between technology and improper use or acquisition of trade secrets....more

Saiber LLC

Third Circuit Clarifies Requirements for Pleading a Trade Secret Misappropriation Claim under the Federal Defend Trade Secrets Act

Saiber LLC on

In a recent published, precedential opinion, Oakwood Laboratories LLC v. Thanoo, 999 F.3d 892 (3d Cir. 2021), the Third Circuit clarified the pleading standard necessary to allege a trade secret misappropriation claim under...more

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