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Trade Secrets › Confidential Information

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 -
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

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

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

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

Clark Hill PLC

3 key steps before signing a manufacturing NDA in China

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If your company is working with Chinese manufacturers to produce goods or prototypes, you’ve likely encountered a non-disclosure agreement (NDA) along the way. But many companies don’t realize that standard U.S. NDAs are...more

Cooley LLP

Intellectual Property Disputes With Forensic Analysis Need Lawyers’ Involvement: Cooley’s Michael Berkovits

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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

Wolf, Greenfield & Sacks, P.C.

Tips for Conducting a Trade Secret Assessment with Rob Jensen

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Trade secrets aren’t static. Companies should regularly reassess the status of their trade secrets and make necessary adjustments to ensure they remain protected at all times. In this episode of IP Talk, shareholder Rob...more

Lathrop GPM

Missouri Federal Court Grants Franchisor’s Motion for Preliminary Injunction for Alleged Violation of Noncompete

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A federal court in Missouri recently granted a franchisor’s motion for a preliminary injunction, finding that the franchisee’s operation of a competing business demonstrated irreparable harm. Three Dog Bakery, LLC v. Crit,...more

Proskauer - Trade Secrets

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

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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

Wolf, Greenfield & Sacks, P.C.

Don’t Let Your IP Walk Out the Door

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Your employees can be your company’s most valuable asset — but they also represent your greatest vulnerability when it comes to protecting confidential information and intellectual property (IP). To protect confidential...more

A&O Shearman

From competitor to competitor

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Sectors characterized by massive investments and a limited number of market players—such as defense and semiconductors—are experiencing unprecedented levels of investment as governments and industry seek to secure...more

Saul Ewing LLP

Sausage Race Heats Up: Hormel Foods Sues Sausage Competitor Johnsonville Claiming Trade Secrets Misappropriation

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Just in time for grilling season in the Midwest, Hormel Foods Corporation (“Hormel”) filed a federal lawsuit in the District of Minnesota against its competitor, Johnsonville, LLC (“Johnsonville”), and two former Hormel...more

Lewitt Hackman

Franchisee 101: Dog Days of Operations

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A federal court in Missouri granted franchisor’s motion for preliminary injunction against its former franchisee, enjoining the former franchisee from operating a competing business from the former franchised location....more

Potomac Law Group, PLLC

NDAs with Extras: What You Didn’t Sign Up For

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Anyone who has had even passing exposure to technology companies has dealt with Non-Disclosure Agreements (commonly referred to as "NDAs" in high-tech companies but "CDAs" in pharma/biotech to distinguish them from the other...more

Kilpatrick

Is Gen AI Really A Threat to Trade Secrets?

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The advent of generative artificial intelligence has given rise to a debate about how this innovative technology will affect intellectual property rights and trade secret protections in particular....more

Morgan Lewis

Trade Secrets in the Automotive Industry

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As recent innovations in automotive technology continue to fuel unprecedented growth across the industry, companies must adapt their privacy and confidentiality capabilities to safeguard highly valuable trade secrets. With...more

McGuireWoods LLP

Passwords Aren’t Enough: The Critical Role of NDAs in Trade Secret Protection

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In the digital age, businesses may assume that firewalls, login credentials and restricted access are enough to shield proprietary data. But a recent federal court decision shows that a “trade secret” under the Defend Trade...more

Vondran Legal

Attorney fees in CUTSA Trade Secret cases

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Trade secret litigation can be brutal. Many times you have a company going after an ex-employee (and sometimes their new employer) for alleged theft of sales leads, confidential documents, and other proprietary information....more

Offit Kurman

Safeguarding Your Business Data

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In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of protecting sensitive business information such as client lists and proprietary data. Using the...more

Miller Nash LLP

The Particularities of Trade Secret Identification

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It is not uncommon for employers to discover that a departing employee has downloaded information before walking out the door. But the mere fact that an employee downloaded information does not necessarily mean the...more

Proskauer - Trade Secrets

Tenth Circuit Affirms Dismissal of Trade Secret Claims for Lack of Particularity and Secrecy

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On April 22, 2025, the Tenth Circuit affirmed summary judgment in favor of a sales manager and his new employer on claims under the Defend Trade Secrets Act (“DTSA”), the Oklahoma Uniform Trade Secrets Act (“OUTSA”), and...more

Conn Maciel Carey LLP

Best Practices to Safeguard Your Company’s Trade Secrets — Case Study

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The number one risk for trade secrets exfiltration is from insider threats—employees, contractors, or even executives with access to sensitive information who either intentionally or accidentally compromise it. Sometimes it’s...more

Venable LLP

Addressing Insider Threats to Intellectual Property

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: April 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

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