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Crowell & Moring Webinar Recap: “2021 Trade Secrets Year in Review and What Lies Ahead”

By Dalton Hughes, Astor Heaven, Raija Horstman & Christine B. Hawes on February 18, 2022
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Crowell & Moring presented a webinar discussing the most influential trade secret cases from 2021 along with new legal developments, including non-compete legislation and trade secret maintenance.

Partner Astor Heaven and Counsel Raija Horstman kicked off the conversation to discuss modern trade secret protection under the DTSA and the biggest damages from jury verdicts in 2021. Counsel Christine Hawes gave an overview of recent federal and state non-compete legislation, and Associate Dalton Hughes wrapped up the webinar by covering new legal implications for maintaining and identifying trade secrets.

Key takeaways from the webinar include:

  • Trade secret plaintiffs won substantial damage awards in 2021 under both compensatory and punitive damages. A jury awarded 32 million in compensatory damages and 120 million in punitive damages in Eastern District of Texas case ResMan LLC v. Karya Property Mgmt.
  • Substantial relief also came in the form of exclusion order, with LG Chem obtaining a 10-year exclusion order against SK Innovation from the ITC, blocking nearly all imports into the U.S. of lithium ion products.
  • Many states proposed or passed restrictions on non-compete clauses in contracts, including Illinois, Nevada, Oregon and DC. The federal government also drafted regulations against non-competes in 2021, like the Freedom to Compete Act, which could see implementation in the upcoming year.
  • Federal courts clarified the burden of trade secret owners to properly disclose and identify trade secrets at the outset of litigation. Quintara Biosciences, Inc. v. Ruifeng Biztech Inc. held that specific disclosures must occur before extensive discovery to prevent “retroactive stamping” of trade secrets, and Mallet and Company v. Lacayo issued a win for the defendant after the plaintiff tried to identify trade secrets through industry practices instead of pleading the required particular information.

If you missed the live discussion, you can listen to a recording HERE.

Photo of Dalton Hughes Dalton Hughes
Read more about Dalton HughesEmail
Photo of Astor Heaven Astor Heaven
Read more about Astor HeavenEmail
Photo of Raija Horstman Raija Horstman
Read more about Raija HorstmanEmail
Photo of Christine B. Hawes Christine B. Hawes

Christine B. Hawes is a counsel in Crowell & Moring’s Labor & Employment Group. Christine’s practice focuses on litigation of individual and class actions arising in all areas of labor and employment law, including:

  • Wage-and-hour laws, including the Fair Labor Standards Act, the
…

Christine B. Hawes is a counsel in Crowell & Moring’s Labor & Employment Group. Christine’s practice focuses on litigation of individual and class actions arising in all areas of labor and employment law, including:

  • Wage-and-hour laws, including the Fair Labor Standards Act, the Service Contract Act, and state and local laws
  • Title VII and state anti-discrimination laws
  • Americans with Disabilities Act
  • Family and Medical Leave Act and related state statutes
  • Federal and state whistleblower statutes, including the False Claims Act
  • Alleged wrongful termination
  • Non-competition agreements and other employee contracts
  • Misappropriation of trade secrets claims

Christine also provides counseling to clients on a wide variety of employment issues, including personnel policies, non-competition/non-solicitation agreements, employee discipline, contract disputes, and alleged retaliation under the False Claims Act, Title VII, the FLSA, and state whistleblower statutes. Christine frequently advises clients on and conducts internal investigations that frequently address employment, ethics, and compliance issues.  Additionally, Christine assists clients with affirmative action compliance, preparing affirmative action plans, analyzing compensation practices, and providing counseling in connection with Office of Federal Contract Compliance Programs audits.

Read more about Christine B. HawesEmail
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  • Posted in:
    Intellectual Property, Privacy & Data Security
  • Blog:
    Trade Secrets Trends
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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