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Trade Secrets › California

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 -
Littler

The (Less-Than-Golden) State of Confidentiality Provisions in California

Littler on

It is well known that California takes a dim view towards restrictive covenants in the workplace. Business & Professions Code Section 16600 prohibits employee non-compete agreements, stating that “every contract by which...more

Patton Sullivan Brodehl LLP

What if an LLC’s Books and Records Contain Trade Secrets?

Patton Sullivan Brodehl LLP on

One of the most important rights owned by LLC members is the right to inspect the LLC’s books and records. For an overview of LLC books and records requests, see the prior LLC Jungle post: Why LLC Managers Should Take Member...more

Stradling Yocca Carlson & Rauth

California Business Divorce: California Court Recognizes LLC Member Lists as Trade Secrets in Recent Ruling

Stradling Yocca Carlson & Rauth on

California Court Recognizes LLC Member Lists as Trade Secrets in Recent Ruling - When an LLC member suspects the company is playing favorites with redemption requests, how much access should they have to the membership rolls...more

Allen Matkins

Is An LLC's Membership List A Trade Secret?

Allen Matkins on

Yesterday's post considered one of several matters raised on appeal in Perry v. Stuart, 2025 WL 1501935.   The case involves a former member's demand for inspection of records of a California limited liability company. ...more

Jenner & Block

$17 Million Attorney Fee Award Aims to Deter Malicious Trade Secret Misappropriation

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Singapore-based XP Power has been ordered to pay $17 million in attorneys’ fees to opponent Comet Technologies, USA, following Comet’s victory at trial. The Northern District of California issued the order in January 2025,...more

Sunstein LLP

Trade Secret Rights May be Lost Because of A Failure to Review a Competitor’s Prior Art Patent Applications

Sunstein LLP on

A recent decision from a California federal district court should make patent prosecutors and their clients more alert when looking at recent prior art references: they may refer to patent applications filed by competitors...more

Sheppard Mullin Richter & Hampton LLP

Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret...

Sheppard Mullin Richter & Hampton LLP on

A recent federal district court ruling serves as an important reminder that a former employee may be held liable for trade secret misappropriation even if the alleged trade secrets are not physically or electronically taken...more

Fisher Phillips

Workplace Law Forecast 2025 - Your workplace law recap for 2024 and predictions for 2025 to help you prepare for the coming year.

Fisher Phillips on

As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more

Sheppard Mullin Richter & Hampton LLP

Attorney’s Fees May Be Recoverable in Trade Secret Cases, Even Without Damages

Sheppard Mullin Richter & Hampton LLP on

In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable attorney’s fees and costs if expressly permitted in a contract....more

Sunstein LLP

Enforcing a Non-Compete Against a Former Employee in California

Sunstein LLP on

What happens when a senior executive leaves a Massachusetts company, with which he has a non-compete, to go to work for a competitor in California, which forbids most non-competes? This question was front and center when...more

CDF Labor Law LLP

[Webinar] The Californication of Non-Compete Laws – Recent Changes That Impact All Employers Across The United States - June 26th,...

CDF Labor Law LLP on

Join us for an informative webinar on the latest developments in the non-compete agreement arena with two members of CDF’s Unfair Competition & Trade Secret Practice Group: Dan M. Forman, Chair, and Ashley A. Halberda who...more

Seyfarth Shaw LLP

California’s New Love Law: Seyfarth’s Valentine’s Day Legal Update on Non-Competes and Compliance Messages

Seyfarth Shaw LLP on

Love is in the air. With Valentine’s Day just around the corner, we’re writing to share some heartfelt news about a recent change in California law that might just make your heart skip a beat....more

White & Case LLP

Notice May Be Required for California Employees Subject to Non-Competes

White & Case LLP on

California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more

Clark Hill PLC

The CH Trade Secrets Review: California’s New Noncompete Laws of 2024

Clark Hill PLC on

A review of significant developments, cases, and verdicts throughout the United States in trade secrets law - The legal landscape in 2023 continued a sea change in the arena of noncompete law, at both federal and state...more

Foley Hoag LLP

New California Noncompete Law Amendments Take Effect This Month

Foley Hoag LLP on

California recently passed two laws amending its longstanding prohibition of employee noncompete agreements, both of which became effective this month. Section 16600 of the California Business and Professions Code voids...more

Faegre Drinker Biddle & Reath LLP

Are You Ready? Notice to Employees of Void CA Non-Competes Required by February 14, 2024

Faegre Drinker Biddle & Reath LLP on

California law has for many years treated agreements that restrain one from engaging in a lawful profession, trade, or business as void and unenforceable, unless an exception applies. This applies to most non-compete and...more

Mintz - Employment Viewpoints

Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to Do and What to...

Mintz - Employment Viewpoints on

Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

Proskauer - California Employment Law

Trade Secrets Claim Against Company Not Severable From Claim Against Employee, Appeals Court Finds

Proskauer - California Employment Law on

A California semiconductor manufacturer cannot pursue in court its claims of trade secret misappropriation against a rival company while simultaneously arbitrating the same claims against the allegedly larcenous employee, a...more

Weintraub Tobin

Podcast - California Employment News: The Use of A.I. in the Workplace – Privacy & Confidentiality Concerns

Weintraub Tobin on

While AI has been a revolutionary development that can streamline and improve many workplace tasks, it also comes with legal hurdles that need to be carefully navigated. Meagan Bainbridge and Lukas Clary review some of the...more

Weintraub Tobin

California Employment News: The Use of A.I. in the Workplace – Privacy & Confidentiality Concerns

Weintraub Tobin on

While AI has been a revolutionary development that can streamline and improve many workplace tasks, it also comes with legal hurdles that need to be carefully navigated. Meagan Bainbridge and Lukas Clary review some of the...more

Seyfarth Shaw LLP

Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

Seyfarth Shaw LLP on

California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements....more

Procopio, Cory, Hargreaves & Savitch LLP

[Webinar] 3rd Annual Construction Forum - November 15th, 10:00 am - 4:00 pm PT

Procopio, Cory, Hargreaves & Savitch LLP on

Don’t miss Procopio’s 3rd Annual Construction Forum webinar on Wednesday, November 15, 2023, an informative half-day program focused on the most pressing California construction law issues facing contractors, developers and...more

Seyfarth Shaw LLP

New California Non-Compete Law Furthers the State’s Employee Mobility Protections and Seeks to Void Out of State Employee...

Seyfarth Shaw LLP on

On September 1, 2023, California Governor Gavin Newsom signed legislation that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law...more

CDF Labor Law LLP

New Golden State Law To Create Gold Rush Litigation Testing Non-Compete Agreements

CDF Labor Law LLP on

For over two decades, California law concluded non-compete agreements are not enforceable in the context of employment, Edwards v. Anderson, 44 Cal.4th 937 (2008) and even created a public policy claim against employers...more

Fox Rothschild LLP

California’s Ban on Non-Competes is Catching On

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As my New York colleagues wrote , the New York Legislature just passed a bill that would prohibit non-competition agreements between employers and employees. If signed by Gov. Kathy Hochul, New York will become the fifth...more

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