On May 23, 2024, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failure to identify a trade secret. The case is titled Vertical Bridge REIT, LLC v. Everest Infrastructure Partners, Inc.,
Proskauer on Trade Secrets
Proskauer on Trade Secrets, published by Proskauer Rose LLP, focuses on legal developments and issues related to trade secret law. The blog covers topics such as trade secret misappropriation claims under federal and state statutes, distinctions between ownership and possession of trade secrets, procedural requirements for trade secret litigation, and significant court decisions impacting trade secret protections. It also addresses emerging challenges in protecting trade secrets in the context of artificial intelligence and global competition, as well as high-profile verdicts and enforcement strategies. The content is aimed at providing insights into litigation trends, statutory interpretations, and practical considerations for safeguarding confidential business information.
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EV Trade Secret Litigation Continues to Boom with Tesla Suing its Supplier Over EV Battery Technology Theft
The rise in trade secrets litigation in the electric vehicle (“EV”) sector continues with Tesla filing another lawsuit: this time against its own equipment supplier. On June 14, 2024, Tesla filed a complaint in the Northern District of California against…
The 8th Circuit Affirms a Preliminary Injunction Barring an Ex-Cigna Executive from Joining CVS Based on Two-Year Non-Compete Clause
On January 26, 2023, Cigna Corp. (“Cigna”) sued CVS Health Corp. (“CVS”) and its newly hired chief product officer Amy Bricker (“Bricker”), in the US District Court for the Eastern District of Missouri, for allegedly violating her non-compete agreement with…
The Critical Role of Trade Secrets in the Booming EV Industry
Electric car sales in 2023 were 3.5 million higher than in 2022, a 35% increase in one year. The rise in demand for electric vehicles (“EVs”) has prompted many companies to enter the EV battery space. Given the rapid development…
Employee Mobility and Trade Secrets in the Golden Era of Life Sciences Innovation
The life sciences sector is in its “golden era” of innovation with the convergence of disciplines—including genetics, immunology, cell biology, and artificial intelligence—changing the speed, efficiency, and cost at which innovation occurs.
With this era has come a fierce…
More Information Needed: Former Employee Dodges Trade Secrets Suit Brought by Interior Design Company
On May 1, 2024, in Design Gaps, Inc. v. Hall, 23CV040664-590, North Carolina’s business court dismissed an interior design company’s trade secret claim for failure to sufficiently plead the existence of trade secrets. The business court found that the…
An Archetypical Trade Secrets Claim with a Twist: Tribal Sovereign May be Sued in Court for Alleged Theft of Trade Secrets Related To its Participation in SBA Program
AQuate II, LLC v. Jessica Tedrick Myers and Kituwah Global Gov’t Group, LLC, is, as all parties put it, about “an archetypical trade secrets claim,” but with a couple of twists: sovereign immunity and an agreement to resolve disputes in…
Battery Technology Trade Secret Theft Runs Out of Juice
Federal Trade Commission Approves Final Rule Banning Most Noncompetes
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a proposed final rule (“Final Rule”), which, absent a successful legal challenge, will ban most noncompete agreements in the United States.
Despite more than 26,000 comments from…
Plead Your Case, Not Your Secrets: A Discussion of Recent Trade Secret Complaints
Taking legal action to protect a trade secret is unlike other intellectual property litigation since what you’re trying to protect is a secret. Plaintiffs must navigate a fine line between pleading their complaint with enough specificity to put the Defendant…