News & Analysis as of

Unfair Competition Trade Secrets Misappropriation

Proskauer - Trade Secrets

Massive $604.9 Million Verdict in Landmark Trade Secret Case

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

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...

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

McGuireWoods LLP

Trade Secrets: What You Should Know From 2024 to Prepare for 2025

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Summary - Trade secrets remain crucial to companies around the world, preserving their most sensitive and valuable information. From energy to healthcare to agriculture, companies in every industry seek to better develop,...more

Freiberger Haber LLP

Unfair Competition: The Bad Faith Misappropriation of Confidential Information For a Commercial Advantage

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In Valkyrie AI LLC v. PriceWaterhouseCoopers LLP, 2024 N.Y. Slip Op. 06141 (1st Dept. Dec. 5, 2024) (here), the Appellate Division, First Department affirmed an order involving claims for unfair competition, tortious...more

Fisher Phillips

October’s Spookiest Restrictive Covenant Developments: An Employer’s 5-Ingredient Witches’ Brew to Ward Off Harm

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“Magic words,” “TRAPs,” and the federal non-compete ban rising from the dead? October had several spooky developments in restrictive covenant law, but no need to be frightened! We’ve got you covered with updates, insights,...more

Sunstein LLP

The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret...

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On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of...more

Houston Harbaugh, P.C.

Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

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The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of...more

Paul Hastings LLP

Misappropriation of Trade Secrets by Foreign Company and Legal Recovery in Japanese Court – New Amendment to the Unfair...

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In recent years, we have seen numerous media reports on cases involving suspected misappropriation of trade secrets by foreign companies who have hired former Japanese engineers. Given that Japanese law and Japanese...more

Fish & Richardson

What the FTC’s Ban on Noncompete Agreements Means for Trade Secrets

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On April 23, the Federal Trade Commission (FTC) issued a final rule that would ban the use of noncompete agreements in most employment contracts nationwide. Hailed by the Commission as a measure to promote competition,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does Arkansas Recognize the Doctrine of Inevitable Disclosure?

Does Arkansas recognize the doctrine of inevitable disclosure in the context of trade secret issues? In some circumstances, yes...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Who Can be Held Accountable for Misappropriation of Trade Secrets?

Who can be held accountable for misappropriation of Trade Secrets? The Arkansas Uniform Trade Secrets Act answers this question, explaining that the following may be liable for trade secret misappropriation: Individuals....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tech Company Trade Secret Showdown: Lessons from a Significant AI Related Trade Secret Case

In the fast-paced world of tech litigation, one case stands out for its implications on trade secrets and intellectual property rights: Neural Magic, Inc. v. Meta Platforms, Inc. and Aleksandar Zlateski. This federal court...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Can You Get a Court to Stop Someone from Sharing Customer/Client Lists?

Can you get a court to stop someone from sharing customer/client lists in Arkansas? As explained in this blog post, it depends. But often the question is debatable and hiring an attorney experienced in unfair competition...more

Haug Partners LLP

2023 in Review at the International Trade Commission

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Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

McDermott Will & Schulte

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

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The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...more

Fisher Phillips

Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

Fisher Phillips on

The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern...more

TransPerfect Legal

Moving from a Non-Compete Mindset to Protecting Company Trade Secrets

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On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit new and require the rescission of all non-compete agreements as an “unfair method of competition.” The proposed rule defines a...more

BakerHostetler

AD-ttorneys@law - April 2022

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Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

Goodwin

International Trade Commission Institutes Investigation of Alvotech’s Adalimumab Biosimilar

Goodwin on

As noted in our December 21, 2021 post, Complainants AbbVie Inc., AbbVie Biotechnology Ltd. and AbbVie Operations Singapore Pte. Ltd. filed a complaint at the International Trade Commission against Respondents Alvotech hf.,...more

Procopio, Cory, Hargreaves & Savitch LLP

Powerful Remedies Against Trade Secret Misappropriation Abroad Appear Here to Stay

It has now been two years since a U.S. district court issued a ruling providing an additional avenue for U.S. trade secrets owners to take legal action against alleged misappropriation abroad. The decision in the Northern...more

Constangy, Brooks, Smith & Prophete, LLP

Trade Secret Two-Step: Part 2

In this two-part podcast, Jackie Johnson, Co-Chair of Constangy’s Trade Secrets and Unfair Competition Practice Group and Partner in Constangy’s Dallas, Texas, office, visits with Bill McMahon about the ins-and-outs of trade...more

Constangy, Brooks, Smith & Prophete, LLP

Trade Secret Two-Step: Part 1

In this two-part podcast, Jackie Johnson, Co-Chair of Constangy’s Trade Secrets and Unfair Competition Practice Group and Partner in Constangy’s Dallas, Texas, office, visits with Bill McMahon about the ins-and-outs of trade...more

Jones Day

Recent Changes to China's Trade Secret Protection Laws Ease the Challenge of Bringing Such Cases

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The Situation: China's legislature has recently eased the challenge of prosecuting trade secret misappropriation cases in that country. The Result: As recently amended, Chinese law now follows some case law developments...more

McDermott Will & Schulte

Attorney’s Fees Properly Awarded in Unsuccessful Trade Secret Misappropriation and Civil Theft Suit

The US Court of Appeals for the Fifth Circuit affirmed a take-nothing judgment and an attorney’s fees award against plaintiffs in a trade secret misappropriation and civil theft suit under Texas law, finding that the fee...more

Seyfarth Shaw LLP

Not so Pretty: Cosmetic Company Acquisitions Lead to Contentious Trade Secret Spat

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At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more

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