Archives: Trade Secrets

Subscribe to Trade Secrets RSS Feed

Employers’ Toolbox Series: Lessons on Ex Parte Seizure in Five Years of the DTSA

By Clifford R. Atlas, Erik J. Winton and Jonathan L. Crook on Posted in: Employers' Toolbox Series, Federal Defend Trade Secrets Act, Trade Secrets
(This is part of the Restrictive Covenant Report “Employers’ Toolbox Series,” where we examine lesser-utilized methods of protecting confidential information, trade secrets, and other business interests.) The Defend Trade Secrets Act (“DTSA”), 18 U.S.C. § 1836, et seq., is approaching its fifth anniversary after being signed into law by President Barack Obama on May 11, 2016.  … Continue Reading

Trade Secrets – Courts Won’t Protect You If You Don’t Protect Yourself!

By Colin A. Thakkar and Jackson Lewis P.C. on Posted in: Case Law update, Confidential Information, Federal Defend Trade Secrets Act, Illinois, Illinois Trade Secrets Act, Injunctions, Non-Disclosure and Confidentiality Agreements, Proprietary Information, Trade Secrets, Unfair Competition
A decision from the Northern District of Illinois is the latest to reiterate a stern warning we have long highlighted for employers: when insufficient steps are taken by an employer to protect its own proprietary information, courts will not provide trade secret protection when such information is misappropriated. In Abrasic 90 Inc. v. Weldcote Metals, … Continue Reading

SCOTUS Declines To Review Password Sharing Prosecution Under Computer Fraud and Abuse Act

By Clifford R. Atlas and Colin A. Thakkar on Posted in: Computer Fraud and Abuse Act, Non-Disclosure and Confidentiality Agreements, Trade Secrets
Our Workplace Privacy, E-Communication and Data Security Practice Group recently posted this article regarding the United States Supreme Court’s denial of certiorari in Nosal v. Unites States, 16-1344.  This Blog previously posted articles about the Nosal case, which can be found here and here. In the Nosal case, the individual defendant was criminally prosecuted under the Computer … Continue Reading

Virginia Uniform Trade Secrets Act Prohibits Improper Acquisition of Trade Secrets, Regardless of Subsequent Use

By Joseph E. Schuler and Colin A. Thakkar on Posted in: Injunctions, Non-Disclosure and Confidentiality Agreements, Trade Secrets, Unfair Competition
Misappropriation of trade secrets claims can sometimes be difficult to sustain. While evidence of the taking of a trade secret may be available, evidence of its subsequent use may not.  In Integrated Global Services, Inc. v. Michael Mayo, Case No. 3:17cv563, by decision issued on September 13, 2017, the federal court for the Eastern District of … Continue Reading

Federal Court Warns Companies – If You Don’t Protect Your Trade Secrets, Neither Will We

By Clifford R. Atlas and Colin A. Thakkar on Posted in: Injunctions, Non-Disclosure and Confidentiality Agreements, Trade Secrets
In 2016 Congress passed the Defend Trade Secrets Act, creating a federal cause of action for the theft of trade secrets. For a plaintiff attempting to prove that the information at issue is a trade secret, there is a tendency to focus only on the information itself, rather than the manner in which the plaintiff … Continue Reading

State and Federal Trade Secrets Claims Upheld By Northern District of Illinois

By Gregory H. Andrews on Posted in: Injunctions, Trade Secrets
A May 11, 2017 decision by Judge Chang, in the Northern District of Illinois, found misappropriation alleged under the Defend Trade Secrets Act (DTSA) and the Illinois Trade Secrets Act (ITSA), in a case where the employee downloaded files while still employed.  Denying the Defendant’s Motion to Dismiss a Third Amended Complaint, the Court examined … Continue Reading

Texas Pre-Suit Discovery – Obligations Under Unusual Procedure Clarified

By A. Robert Fischer and Jackson Lewis P.C. on Posted in: About This Theme, Discovery, Non-Compete, Trade Secrets
Although most employers are very familiar with the usual discovery process of litigation, they may not be as familiar with the Texas Rules of Civil Procedure’s Rule 202, which concerns pre-suit depositions. Rule 202 can be used, for example, by an employer who wants to learn more about a former employee’s activities before commencing a … Continue Reading

White House Continues Attack on Non-Compete Agreements

By Clifford R. Atlas, David M. Walsh and Erik J. Winton on Posted in: Non-Compete, Trade Secrets
The assault on non-compete agreements has continued in a significant way, as outlined in our web article, White House Continues Attack on Non-Compete Agreements.  The latest White House document, coupled with prior reports from the White House and Treasury Department, as well as actions initiated by the Attorney General of New York and the Attorney … Continue Reading

Accessing Database Violates Computer Fraud and Abuse Act and Economic Espionage Act – Ninth Circuit Affirms Criminal Conviction of Former Employee

By Ravindra K. Shaw and Dylan B. Carp on Posted in: Economic Espionage Act, Non-Disclosure and Confidentiality Agreements, Trade Secrets
The Ninth Circuit recently filed its latest installment in the saga involving David Nosal and his former employer, Korn/Ferry International, an executive search firm. Korn/Ferry maintains a proprietary database of executive candidates for its paying customers.  Nosal, a former Korn/Ferry executive, set up a competing business.  Allegedly desiring the information in Korn/Ferry’s database for his … Continue Reading

Defend Trade Secrets Act Set to Become Law

By Clifford R. Atlas, Erik J. Winton and Jackson Lewis P.C. on Posted in: Trade Secrets
For the first time, there will be a federal private right of action for misappropriation of trade secrets. The Defend Trade Secrets Act (“DTSA”), passed by both houses of Congress, is headed to President Barack Obama for his signature and his office has stated it “strongly supports” the legislation. The DTSA will become effective upon … Continue Reading

Utah Enacts New Laws Addressing Post-Employment Restrictions and Unauthorized Computer Use

By Conrad S. Kee and Clifford R. Atlas on Posted in: Computer Fraud and Abuse Act, Non-Compete, Trade Secrets, Uncategorized, Unfair Competition
Conrad S. Kee from our Salt Lake City office and Cliff Atlas, co-chair of the firm’s non-compete practice group have written on the firm’s website about two new important laws in Utah, the Post-Employment Restrictions Act and the Computer Abuse and Data Recovery Act.… Continue Reading

Use Of Personal Cloud-Based Document Accounts Requires New Strategies By Employers

By Jackson Lewis P.C. on Posted in: Compliance Tip, Trade Secrets, Unfair Competition
Whether Google Docs, Dropbox, or some other file sharing system, employees, especially millennials and other digital natives, are increasingly likely to set up personal cloud-based document sharing and storage accounts for work purposes, usually with well-meaning intentions, such as convenience and flexibility. Sometimes this is done with explicit company approval, sometimes it is done with … Continue Reading

Insider Threat: Employee Mobility and Trade Secrets

By on Posted in: Trade Secrets
Cliff Atlas, a principal with Jackson Lewis, will be participating in a webinar on January 20, 2016 on the topic of “Insider Threat: Employee Mobility and Trade Secrets” on the IP Chat Channel sponsored by the Intellectual Property Owners Association.  www.ipo.org/IPChatChannel. The webinar is open to all. The registration fee is $130, with academic and government discounts available. … Continue Reading

Fifth Circuit Affirms Rejection of Texas Choice-of-Law as to Oklahoma-Based Employees for Non-Compete Provisions, But Allows Texas Law to Apply to Non-Solicitation Provisions

By William L. Davis on Posted in: Case Law update, Compliance Tip, Non-Compete, Non-Solicitation, Trade Secrets
In a detailed, 26-page published decision in the matter of Cardoni v Prosperity Bank, No. 14-20682 (5th Cir. Oct. 29, 2015) the Fifth Circuit Court of Appeals took a deep look at choice of law provisions in restrictive covenants. The Appellate Court started out by noting that in addition to their well-known disagreements over boundaries and … Continue Reading

Recent Cases Recognize Limits to Employees’ Attempts at Self-Help to Support Retaliation Claims

By Dylan B. Carp on Posted in: Non-Disclosure and Confidentiality Agreements, Trade Secrets
Two recent cases from opposite coasts confirm that employees do not have an unfettered right to steal their employer’s documents notwithstanding the documents’ potential relevance to a whistleblower retaliation claim. In West Hills Research and Development Inc. v. Wyles, Cal. Ct. App. 2d Dist. Case No. B255768 (July 17, 2015), when West Hills terminated Wyles, … Continue Reading

Cases are easier to start than they are to finish: California Court awards $180,000 in sanctions for meritless trade secret misappropriation lawsuit brought in bad faith

By Dylan B. Carp on Posted in: Employee Raiding, Trade Secrets, Unfair Competition
The California Court of Appeal has upheld an award of monetary sanctions against a company that brought a lawsuit against its competitor that the court found was meritless and intended to stifle competition. Cypress Semiconductor Corp. v. Maxim Integrated Products, Inc., H038555 (Apr. 28, 2015). Cypress sued Maxim for trade secret misappropriation, alleging Maxim was attempting … Continue Reading

Company Pays For Taking Short Cuts to Start New Business

By Martin W. Aron and Jackson Lewis P.C. on Posted in: Employee Raiding, Trade Secrets, Unfair Competition
A New Jersey state court judge has allowed a $10 million jury verdict to stand in favor of biotech firm GenScript USA in its trade secret and employee piracy claims against competitor, Genewiz, Inc. In October 2014, the jury had entered a multi-million dollar verdict in GenScript’s favor following a six-week trial. The jury found … Continue Reading

Nike Lawsuit Against Former Designers Will Test Company Security Initiative

By Jackson Lewis P.C. on Posted in: Assignment of Inventions, Injunctions, Non-Compete, Non-Disclosure and Confidentiality Agreements, Trade Secrets
Athletic shoe manufacturer Nike filed suit on December 8, 2014 in Multnomah County Circuit Court in Oregon against three of its former designers alleging that the designers misappropriated Nike’s trade secrets and conspired with Adidas to start a new, competing business venture. The three former designers, Denis Dekovic, Marc Dolce and Mark Miner, all resigned … Continue Reading

Half-Billion Dollar Arbitration Award in Trade Secrets Case Affirmed by Minnesota Supreme Court in Trade Secrets Dispute

By on Posted in: Non-Disclosure and Confidentiality Agreements, Trade Secrets
The Minnesota Supreme Court has affirmed an arbitrator’s eye-popping award of $525 million plus prejudgment interest totaling $96 million and post-award interest in a trade secrets dust up between Seagate Technology, LLC and Western Digital Corporation, et al. Seagate Technology, LLC v. Western Digital Corporation, et al and Sining Mao, No. A12-1994 (Minn. October 8, … Continue Reading

California Court Considers Customer Lists, LinkedIn Contacts, in Trade Secrets Case

By Jackson Lewis P.C. on Posted in: Trade Secrets
A federal district court for the Central District of California has issued a detailed decision regarding customer lists and LinkedIn contacts in ruling on cross-motions for summary judgment in the trade secrets dispute captioned Cellular Accessories For Less, Inc. v. Trinitas, LLC,  No. CV 12-06736 DDP, including a surprising ruling that LinkedIn contacts might be … Continue Reading
LexBlog