The FBI and other government agencies are reporting a significant increase in COVID-19-specific cyberfraud schemes. According to reports, hackers have impersonated the World Health Organization, the Centers for Disease Control and Prevention, NATO, and even UNICEF and other charitable organizations. These bad actors have used phishing emails intended to spread malware and ransomware and have targeted multiple industries, including hospitality, government, education and research, transportation, and healthcare. This month’s cyberfraud activity increase has been reported…

Trade Secret Insider

Federal Court Rules Damages under Trade Secret Act Can Extend beyond United States Borders

By Thomas Hubert & Jacob Pritt

March 19, 2020

After a trial that lasted more than three months, the eight-person jury empaneled by the Chicago-based court took only two and a half hours to deliberate, siding with Motorola and awarding them everything their attorneys had asked for in damages. The verdict came out to a shocking $764.6 million, or just under $350 million in compensatory damages, representing all of Hytera’s worldwide profits from selling the radios, and over $400 million in punitive damages, designed…

Trade Secret Insider

Federal Court Rules Trade Secret Damages Can Extend beyond the U.S. border

By Thomas Hubert & Jacob Pritt

March 18, 2020

In a high-profile trade secret case, a federal court in Chicago ruled that the federal Defend Trade Secrets Act (DTSA) extends beyond the U.S. and covers actions and damages that occur in other countries. Background. Back in 2017, telecommunications and technology conglomerate Motorola Solutions, Inc. brought a lawsuit against rival radio manufacturer Hytera Communicatoins Corporation, Ltd. in the federal district court for the Northern District of Illinois. Motorola claimed that Hytera hired three of Motorola’s…

Trade Secret Insider

Jury Finds Uber Must Face $1B Trade Secrets Suit

By Michael Foley

March 2, 2020

A California jury recently concluded that an inventor timely filed a trade secret lawsuit against Uber seeking $1 billion in damages. The inventor’s lawsuit claims that Uber and its founder stole his business concept, which the inventor alleges he shared sometime in 2006 under a promise that Uber’s founder would keep the concept confidential. Around four years later, Uber launched its now popular ride-sharing application, yet the inventor claimed he did not learn about the…

Trade Secret Insider

Judge allows Chinese Company to view American Company’s Trade Secrets in Hong Kong as Part of Groundbreaking DOJ Litigation

By Jacob Pritt

February 14, 2020

A federal judge in the Northern District of California ruled that Chinese state-owned Fujian Jinhua Integrated Circuit Co. and their Taiwanese partners United Microelectronics Corp. were legally entitled to review trade secret information they allegedly misappropriated from Idaho-based Micron Technology Inc. U.S. v. United Microelectronics Corp., No. 18-CR-465 (N.D. Cal.). The ruling came as part of a DOJ criminal prosecution of Fujian and UMC alleging that the companies stole the technology they have been using…

Trade Secret Insider

Competing Views on Non-Compete Agreements: Changes May be Coming Across the Nation to Employers’ and Business Purchasers’ Ability to Limit Competition

By Michael Foley

January 30, 2020

Employers often place limitations on their employees’ ability to compete following the termination of the employment relationship. The justification for restraints on trade is that employers have a protectable interest in their customer and vendor relationships, the goodwill associated with their brand, and their confidential information and trade secrets. Purchasers of businesses likewise often place limitations on sellers’ ability to compete in the same industry after an acquisition. These limitations can be critical to ensure…

Trade Secret Insider

Louisiana Appellate Court: Time Limit on Non-Compete Runs From Termination, Not Judgement.

By Micah Fincher

January 6, 2020

An employee’s termination date – that is, the date the employee quits or is fired – may be critical to determining when his non-competition obligations expire. Under Louisiana law, a non-competition agreement may not “exceed a period of two years from termination of employment.” La. R.S. 23:921(C). This rule was recently applied by the Louisiana 4th Circuit Court of Appeal in Smith v. Commercial Flooring Gulf Coast, L.L.C., 2019-0502 (La. App. 4 Cir 10/09/19).…

Trade Secret Insider

U.S./China Trade “Deal” Short on IP/Trade Secret Specifics

By W. Whitaker Rayner

December 18, 2019

With the announcement last week of a tentative partial trade agreement with China, the U.S. appears to be headed to a somewhat easing of tensions between the two superpowers. Terms of the agreement are vague, with references to a reduction in tariffs, increase in agricultural purchases by China, and agreements to return to the bargaining table. What is missing, though, are references to increases in protection of U.S. intellectual property: trade secrets, patents, copyrights, and…

Trade Secret Insider

A Recent Trend In Louisiana Non-Compete Cases?

By PJ Kee

September 12, 2019

A trend may be developing in favor of non-compete agreements in Louisiana. Two recent appellate court decisions enforced their terms, even though they contained either overly broad or ambiguous language. The first is from the Louisiana Supreme Court, Causin, L.L.C. v. Pace Safety Consultants, LLC, which we have previously discussed. The second is from the U.S. Fifth Circuit, Brock Services, L.L.C. v. Rogillio, 19-30363 (Aug. 27, 2019). Louisiana Supreme Court. The non-compete at…

Trade Secret Insider

Not So Fast And Furious – Executive Indicted for Stealing Self-Driving Car Trade Secrets

By Joseph Lavigne

August 28, 2019

Back in March, 2017, we posted about a civil lawsuit against Anthony Levandowski, who allegedly sped off with a trove of trade secrets after resigning from Waymo LLC, Google’s self-driving technology company. Waymo not only sued Levandowski, but also his new employer, Uber, and another co-conspirator, Lior Ron. Since our initial post, things have gotten progressively worse for the Not So Fast and Furious trio: (1) Levandowski was fired in May, 2017; (2) Uber settled,…

Trade Secret Insider

Legal Insights On Trade Secrets, Non-Competes, Computer Fraud & Confidential Data Theft by Jones Walker LLP

Blog Authors

Beware: COVID-19 Cybersecurity Scams Are on the Rise

Federal Court Rules Damages under Trade Secret Act Can Extend beyond United States Borders

Federal Court Rules Trade Secret Damages Can Extend beyond the U.S. border

Jury Finds Uber Must Face $1B Trade Secrets Suit

Judge allows Chinese Company to view American Company’s Trade Secrets in Hong Kong as Part of Groundbreaking DOJ Litigation

Competing Views on Non-Compete Agreements: Changes May be Coming Across the Nation to Employers’ and Business Purchasers’ Ability to Limit Competition

Louisiana Appellate Court: Time Limit on Non-Compete Runs From Termination, Not Judgement.

U.S./China Trade “Deal” Short on IP/Trade Secret Specifics

A Recent Trend In Louisiana Non-Compete Cases?

Not So Fast And Furious – Executive Indicted for Stealing Self-Driving Car Trade Secrets

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