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Trade Secrets

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
WilmerHale

Post-Mortem on the FTC’s Blocked Non-Compete Rule

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In August 2024, a Texas federal court struck down a broad Federal Trade Commission (FTC) rule that would have banned the vast majority of employee non-competition agreements. ...more

Benesch

Second Circuit Widens the Gap Between Wire Fraud and Intangible Interests - Confidential Business Information Without Commercial...

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The Second Circuit has narrowed the wire fraud statute (18 U.S.C. § 1343), ruling that a fraudulent scheme must target property with actual commercial value to the victim; mere confidential business information...more

IR Global

Chain reactions

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How are you advising businesses in your jurisdiction when protecting themselves from the impact of trade wars and sanctions, and what strategies can professional services firms offer to mitigate these risks?...more

Fisher Phillips

10 Steps for Built-to-Sell Tech Startups to Lock Down Employment Law Compliance

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You’ve built a great product, assembled a talented team, and maybe even caught the attention of investors or potential buyers. But your code or growth metrics will only get you so far if your company is not a compliant...more

Clark Hill PLC

No early exit in federal trade secrets misappropriation cases

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In an important clarification of federal trade secret litigation, the Ninth Circuit in Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc. recently rejected the argument that a plaintiff suing under the federal law (DTSA)...more

Proskauer - Trade Secrets

Massive $604.9 Million Verdict in Landmark Trade Secret Case

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A California state jury awarded Propel Fuels, Inc. $604.9 million in damages after finding Phillips 66 Company liable for trade secret misappropriation. Propel Fuels, Inc. v. Phillips 66 Co., Case No. 22CV007197 (Cal. Oct....more

McDermott Will & Schulte

From confidential to careless: The case of the unprotected customer list

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The US Court of Appeals for the Tenth Circuit affirmed a summary judgment dismissal of a trade secret misappropriation complaint, finding that the plaintiff failed to take reasonable measures to maintain the secrecy of a...more

Ward and Smith, P.A.

Your Most Valuable Business Asset Might Not Be What You Think: Trade Secrets for NC Business Owners

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For North Carolina businesses, from small manufacturing companies in the Triad to growing tech firms in the Research Triangle, understanding trade secrets has never been more critical. Recent court decisions have shown just...more

Knobbe Martens

Eyeing the Prize of the U.S. Patent System, the Trump Administration Proposes Patent Maintenance Fee Overhaul

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The Trump administration is considering changing the U.S. patent maintenance fee structure from the existing three fixed flat fees to an annual, value‑based “tax” model where patent holders would pay 1%–5% of the estimated...more

Bricker Graydon LLP

Don’t Overlook these Key Assets in Preparing Your Business for Sale

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Well-known and respected business consulting and advisory firm Ocean Tomo reports that within the last quarter century, intellectual capital has emerged as the leading asset class for businesses comprising the S&P500. ...more

ArentFox Schiff

DTSA Statute of Limitations and Reasonable Diligence in Employee Trade Secret Misappropriation Claims

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The court held that the statute of limitations began to run from the date when a former employee produced confidential company financial during discovery in an unrelated matter, and not from the earlier date when the former...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Permanent Injunction Includes the Reassignment of Patent Applications Appropriate for Trade Secret...

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Following a jury verdict finding trade secret misappropriation, the District Court for the District of Massachusetts granted-in-part a plaintiff’s motion for a permanent injunction to prohibit defendants from using...more

J.S. Held

The Growing Importance of the Chief Intellectual Property Officer: A Strategic Imperative for the Knowledge Economy

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Discussion in the corporate boardroom is evolving rapidly. As the global economy has fundamentally shifted from one driven by tangible assets to one powered by intangible value, a new C-suite position has earned a seat at the...more

Baker Botts L.L.P.

Patent Protection vs. Trade Secrets: A Strategic Framework for High-Tech Startups

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When developing breakthrough technology, startups face a critical decision: pursue patent protection or maintain trade secrets. The choice depends on your technology's detectability and vulnerability to reverse engineering....more

Ropes & Gray LLP

[Podcast] Talkin’ Trade: Unpacking Recent ITC Trade Secret Misappropriation Case Law

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On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Lara Ameri break down the ITC’s recent decision in Investigation No. 337-TA-1352, a case involving...more

Shipman & Goodwin LLP

AI in the Factory: What Manufacturers Must Consider

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As generative artificial intelligence and machine learning continue their rapid rise in popularity and uses in business operations, manufacturers are faced with how to implement AI in a manner that allows them to take...more

Goodwin

What European Medtechs Should Know About the US Patent System

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As noted in the first article in our Medtech Coming to America series, “US Emerging as Top Global Medtech Destination,” perceived regulatory advantages are prompting European medtechs to enter the US market earlier in their...more

Vorys, Sater, Seymour and Pease LLP

From Seed to Strategy: Intellectual Property Protection for Cannabis Brands

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The cannabis industry has experienced consistent growth over recent years, leading to substantial investment and an increase in the industry’s commercial relevance. This momentum shows no signs of slowing down, as states...more

Cranfill Sumner LLP

Business Court Sends Trade Secret Matter to Trial; Denies Summary Judgment

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On July 23, 2025, the North Carolina Business Court denied summary judgment in United Therapeutics Corp. v. Liquidia Technologies, Inc., allowing claims of trade secret misappropriation and unfair trade practices to proceed...more

Proskauer - Government Contractor Compliance...

Ninth Circuit Orders Release of Federal Contractor EEO-1 Reports

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On July 30, 2025, the U.S. Court of Appeals for the Ninth Circuit ruled that the Department of Labor (“DOL”) must disclose federal contractor EEO-1 Reports requested by the Center for Investigative Reporting (“CIR”). The...more

Wilson Sonsini Goodrich & Rosati

Bexson Biomedical Earns Early-Stage Win in CyDex Dispute in Italy’s Court of Rome

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In a major early-stage win for firm client Bexson Biomedical, Inc., Italy’s Court of Rome recently dismissed the second of two related legal proceedings brought by CyDex Pharmaceuticals, Inc. arising from a 2019 supply...more

Foley & Lardner LLP

Patent Fees Reimagined: Evaluating the Trump Administration's Value-Driven Fee Structure and Its Impact on Innovators

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The WSJ reports the Trump administration wants to charge patent holders 1% to 5% of their patent’s value to maintain the patent after grant. If implemented, this would mark a dramatic departure from the traditional flat-fee...more

JAMS

[PODCAST] Evolving Challenges in Employment Mediation: Managing Emotions, Shifting Strategies and Legal Trends

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The Mediation Table: Conversations in Conflict Resolution - Employment mediation continues to evolve—driven by rising emotional complexity, changing workplace dynamics and new legal challenges. In this podcast episode, JAMS...more

Hanzo

Your IP Is Everywhere: How to Protect and Collect Sensitive Content Across Collaboration Tools

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When a key engineer leaves for a competitor, they can take more than just experience, they may walk away with years of intellectual property hidden in code reviews, issue tickets, and chat threads. As ideas now flow across...more

Clark Hill PLC

3 things to know about intellectual property in construction law

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When most people think about construction law, they picture contracts, building codes, and zoning disputes, not copyrights and patents. But if you’re in the construction industry, whether you’re a general contractor,...more

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