An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac) alleged use of its mortgage-loan servicing platform to develop its own competing product. Though the arbitrator did not find Pennymac liable
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.
Latest from Proskauer on Trade Secrets - Page 4
CA Federal Court Awards Biomedical Companies $62M Following Jury Trial Involving Confidentiality-Related Claims
On November 1, 2023, a jury in the U.S. District Court for the Central District of California awarded damages to Skye Orthobiologics, LLC (“Skye”) and Human Regenerative Technologies, LLC (“HRT”) for breach of contract, breach of fiduciary duty, and breach…
Court Finds Access to Botox Trade Secrets and Similarity of Competitor Product Supported Inference of Trade Secrets Misappropriation
Proving access to and use of trade secrets are core elements in a trade secrets misappropriation case. Recent rulings in a trade secrets action filed by Allergan against its competitor Revance Therapeutics (“Revance”) provide helpful guidance on what is sufficient…
First Circuit: “Difficult to Compile” but Publicly Available Facts Can Be Trade Secrets
On August 29, 2023, the First Circuit affirmed a ruling from the United States District Court for the District of Massachusetts that Allstate Insurance agents misappropriated trade secrets when they retained spreadsheets that contained confidential information. Allstate Ins. Co. v.
N.J. District Court Denies Bid for TRO for Failure to Identify Trade Secrets, But Still Allows Case to Proceed
On November 9, 2023, in Ho-Ho-Kus, Inc. v. Sucharski, No. 2:23-cv-01677, the United States District Court for the District of New Jersey found that Ho-Ho-Kus, Inc. (“HHK”) failed to show a trade secret existed with adequate specificity to justify…
Trade Secret Wars Continue With Tech Companies Battling For Talent
In an era where trade secret misappropriation battles can shape corporate landscapes, the Apple v. Rivos case stands as a stark reminder of the importance of diligent onboarding practices when it comes to trade secrets. In this case, the court’s scrutiny of…
Court Rules that Patient List and Related Medical Practice Information Qualify as Trade Secrets
The 2016 enactment of the Defend Trade Secrets Act (“DTSA”) has led to an increase in trade secret litigation. The DTSA codified into federal law the right of an owner of a trade secret to sue in federal court when…
Trade Secret and Fiduciary Claims Against Former CEOs of Biotech Company Survive Motion to Dismiss
On December 1, 2023, in Global Discovery Biosciences Corp. v. Harrington, et al., No. 2022-1132, a Vice Chancellor of the Delaware Court of Chancery ruled on the balance of a motion to dismiss brought back in June 2023 by two…
Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements
On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant discussion of the proposed…
Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses
By Steven Hurd & Scott Tan
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of non-competes (the “Proposed Rule”) by employers. The Proposed Rule is the culmination of the FTC’s recent…