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Trade Secrets › Evidence

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 -
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

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

Littler

Tenth Circuit Affirms Summary Judgment Due to Plaintiff’s Failure to Sufficiently Establish Existence of Trade Secrets

Littler on

The Tenth Circuit’s  recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and...more

Array

This Week in eDiscovery: How BYOD Policies Affect Motions to Compel | Modern Attachment Webinar

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of April 6-12. Here’s what’s...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: March 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

Ward and Smith, P.A.

Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

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This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025....more

Farrell Fritz, P.C.

Commercial Division Clarifies Standards for Sealing Court Records in Business Disputes

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In a recent decision, the New York County Commercial Division reaffirmed the high bar that parties must meet when attempting to seal court documents in business disputes. In Linkable Networks, Inc. v. Mastercard Inc., the...more

Morgan Lewis

The Weakening of Business Secrecy Before French Judges: The Negative Counterpart of the Right to Evidence in a Fair Trial

Morgan Lewis on

The French High Court has just handed down a ruling confirming the weakening of the force of business secrecy in the name of the right to evidence principle, based on the right to a fair trial found in article 6 of the...more

Mintz - Intellectual Property Viewpoints

Trade Secret Owners Need to Find the Facts Instead of Letting the Facts Find Them

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Recent case law confirms that trade secret owners should proactively investigate any suspicions of theft, and if they do not, they may be at greater risk of being barred under the statute of limitations than they may expect....more

Proskauer - Trade Secrets

District Court Dismisses Trade Secrets Claim Lacking Explicit Expectation of Privacy

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On February 20, 2025, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failing to identify explicit language establishing an expectation of privacy to the...more

McDermott Will & Emery

What’s Shaking? Not an Interlocutory Appellate Decision on Damages

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The US Court of Appeals for the Fifth Circuit dismissed and remanded a district court certified interlocutory appeal concerning the standard for calculating a reasonable royalty under the Defend Trade Secrets Act (DTSA). The...more

Array

This Week in eDiscovery: Sedona Conference Commentary on Cross-Border Discovery | $845K Spoliation Award

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of December 8-14. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Another Cinderella Situation – Motion Denied as Untimely?

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In Fiskars Finland OY AB v. Woodland Tools Inc., 2024 WL 2504717 (W.D. Wisc. May 24, 2024), plaintiff sued for alleged misappropriation of trade secrets. Defendants counterclaimed....more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton

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This week, hosts Tina and Cherie are joined by Clark Walton, a Digital Forensics Expert, Attorney, and Legal Forensics Instructor for Reliance Forensics. They have an insightful discussion on digital forensics and what...more

EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

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[Editor’s Note: This article was first published November 15, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

McDermott Will & Emery

No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions

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In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party...more

Arnall Golden Gregory LLP

The Government Cannot Cut Corners: Appellate Courts Reverse Sentences in Three Recent Cases Because the Government Did Not...

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Three appellate courts recently reversed sentences because the government did not adequately present evidence to support the alleged loss calculation underlying the court’s determination of the sentencing guidelines range. In...more

Seyfarth Shaw LLP

Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence

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On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Three: Evidentiary Concerns

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Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,...more

Lewitt Hackman

Franchisor 101: Court Hits Brakes on Former Franchisees

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An Ohio appellate court upheld the state trial court’s decision to grant a permanent injunction against two former franchisees of an auto body shop franchise working for a competitor in violation of the franchise agreement’s...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part Two: Damages

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As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...more

Hicks Johnson

How Should Litigators Establish Evidence in Trade Secret Cases? Part One: Liability

Hicks Johnson on

In recent years, juries have returned verdicts in trade secret disputes of $2.04 billion, $570 million, $152 million, and $105 million. The enormity of these verdicts reflect the importance the modern economy places on trade...more

Seyfarth Shaw LLP

Texas Court of Appeals Affirms Summary Judgment in Physician Staffing Case Citing Lack of Damages Evidence

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On January 4, 2023, the Dallas Court of Appeals in Texas affirmed a summary judgment in a trade secrets physician staffing case that stands as a warning to practitioners regarding (1) what constitutes sufficient damages...more

McDermott Will & Emery

There Should Be No Secret about Scope of Trade Secret Injunction

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In the context of an interlocutory appeal, the US Court of Appeals for the Federal Circuit vacated a portion of a preliminary injunction in a case involving alleged misappropriation of trade secrets for failing to provide...more

Holland & Knight LLP

Third Circuit Illuminates Several Issues in Trade Secret Litigation

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Two recent decisions by the U.S. Court of Appeals for the Third Circuit shed light on several recurrent issues that arise in trade secret litigation under the federal Defend Trade Secrets Act (DTSA) and related state acts....more

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