Tips for Conducting a Trade Secret Assessment with Rob Jensen
Daily Compliance News: July 11, 2025, The What is a COI Edition
The USDOJ Antitrust Division’s Compliance Guidance
4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
Trade Secret Litigation: The Power of Protection
Non-Compete Agreements: An Endangered Species?
Webinar | Negotiating with Goliath: How Startup GCs Can Navigate Power Differentials in Contracting
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast
Navigating the FTC’s Proposed Rule Banning Non-Competes
The Speak Out Act and Compliance Programs
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Law Brief®: Rich Schoenstein and David Kleinmann Discuss FTC's Proposed Noncompete Ban
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses
Update and Discussion on Legal and Practical Issues
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
Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act (DTSA). Courts have awarded hundreds of millions in damages for misappropriation of...more
In today's interconnected business environment, protecting trade secrets has become increasingly complex. Companies must navigate threats ranging from employee misconduct to sophisticated nation-state schemes while...more
Imagine getting your hands on the ultimate creator cheat code — the behind-the-scenes playbook MrBeast uses to dominate YouTube. Now imagine going viral not for using it, but for allegedly walking off with it. That’s exactly...more
On March 13, 2025, the U.S. District Court for the Eastern District of New York dismissed a trade secret misappropriation claim under the Defend Trade Secrets Act (“DTSA”), finding that the employer failed to plead it had...more
In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more
With the issuance of the Federal Trade Commission's (FTC or Commission) much-anticipated final rule on its "non-compete ban" (see Holland & Knight's previous alert, "New FTC Rule Bans Non-Compete Agreements in All Employment...more
A small California company, Balmuccino, LLC, was provided an excellent opportunity to pitch its coffee-flavored lip balm to the Seattle coffee giant Starbucks. Who made the connection? According to the complaint, none other...more
In 2011, the Federal Circuit in TianRui Grp. Co. v. Int’l Trade Comm’n affirmed the International Trade Commission’s (ITC) authority to look to extraterritorial conduct of a respondent to determine whether that respondent...more
Despite the value trade secrets create for companies that hold them, they are often-overlooked intellectual property assets. But, unlike patents, trade secrets require their owners to take affirmative steps to maintain the...more
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
Why should companies considering trade secret litigation consider their patent portfolios? After all, trade secrets, by definition, are secret. They have value in the marketplace by virtue of not being disclosed. And like the...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. Due in...more
Since 2016, the Defend Trade Secrets Act (DTSA) has provided employers with a federal cause of action against employees, former employees and other bad actors who misappropriate trade secrets. In addition to injunctive...more
A California federal district court recently granted a temporary restraining order (“TRO”) against a former employee for misappropriating proprietary and confidential information in violation of the Defend Trade Secrets Act...more
The stars of intellectual property law have historically been patents, copyrights and trademarks. Trade secrets have long been legally recognized but only recently have begun to share equal billing. The 2016 passage of the...more
The owner of a trade secret must take reasonable measures to keep the information secret in order to claim protection under the federal Defend Trade Secrets Act (DTSA) or state trade secrets acts. Yet, in order to conduct...more
A small, Chicago-based magnetic picture frame developer’s claims for trade secret misappropriation against a photo album manufacturer will be headed to trial after an Illinois federal district court largely denied the...more
A trade secret misappropriation claim can arise from the same facts as, and be joined with, a claim for breach of contract by the defendant, such as a breach of a covenant not to compete or breach of a non-disclosure...more
Judge William Alslup of the Northern District of California recently awarded fees to CloudFlare, Inc. (CloudFlare), a defendant in a trade secret misappropriation case under, in part, the relatively new Defend Trade Secrets...more
A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more
In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more
The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets...more
Courts will refuse to grant trade secret protection under the Defend Trade Secret Act (DTSA) when an employer has not taken certain basic precautions to create and maintain the secrecy of the subject information. ...more
Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more