Trade Secrets Trends

Analysis and Commentary on the Latest Developments in Trade Secrets Protection, Disputes, and Enforcement

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Trade Secrets Trends

Please Join Us for a Webinar: Trade Secrets Investigations

By Crowell & Moring

April 13, 2021

Crowell & Moring invites you to attend the webinar, Trade Secrets Investigations, taking place on Thursday, April 29, 2021 at 1:00 pm ET. Join Raija Horstman, Caroline Brown, Astor Heaven, Steve Byers, and Christine Hawes for a discussion offering practical guidance on steps throughout the lifecycle of a trade secrets theft investigation, from detection to preparing for litigation, including criminal enforcement. Trade secrets and other confidential business information come in many…

Trade Secrets Trends

Invoking Trade Secrets to Block a Request to Access Personal Data under the GDPR: A “Threat” Has to Be Clearly Demonstrated

By Matteo Mariano

April 9, 2021

Simple facts… In 2018, an employee requested access to and a copy of all their personal data processed by the employer during the past decade (this is pursuant to the data subject’s right of access enshrined in art. 15 (1) and (3) of the European General Data Protection Regulation (“GDPR”)). The employee considered the response unsatisfying and filed a complaint with the Belgian Data Protection Authority (“DPA”). The DPA issued a decision on February 9,…

Trade Secrets Trends

Bunch O’ Balloons Trade Secret Dispute Results in Bunch O’ Appeals

By Siri Rao, Molly A. Jones & Warrington Parker

April 6, 2021

In an opinion first issued in June 2020 and modified in October 2020, the Fifth Court of Appeals in Texas granted summary judgment in a trade secret dispute based on plaintiff’s failure to present any facts that defendants had access or exposure to plaintiff’s claimed trade secrets. Josh Malone designed a device that fills and seals water balloons. Kendall Harter did the same. Mr. Malone filed a patent. Mr. Harter accused Mr. Malone of stealing…

Trade Secrets Trends

Employees may come and go. But will your trade secrets follow them?

By Evelien Jamaels

April 1, 2021

Tips for European employers on how to protect company trade secrets. 7 to 12 years. According to an Organisation for Economic Co-operation and Development study, this is the average amount of time spent by an employee with any one European Union employer. However, in some countries, regions and sectors, employees move around more frequently than this, and the current COVID-19 pandemic will also have had an impact on these numbers. In any event, if one…

Trade Secrets Trends

Federal Court Imports California Trade Secret Disclosure Rule and Narrows DTSA Claim

By Dylan Burstein & Astor Heaven

March 31, 2021

On March 13, 2021, borrowing from California Code of Civil Procedure § 2019.210 (which requires a plaintiff to “identify. . . trade secret[s] with reasonable particularity” before it can obtain discovery on those trade secrets), a Northern District of California judge narrowed trade secret claims asserted under the Defend Trade Secrets Act (“DTSA”) due to the plaintiff’s failure to specifically identify most of its asserted trade secrets prior to discovery. Although not an explicit requirement…

Trade Secrets Trends

Plaintiff Secures $152M Verdict at Trade Secrets Trial Postponed by Pandemic

By Eli Berns-Zieve

March 24, 2021

On March 18, 2021, a jury in the United States District Court for the Eastern District of Texas rendered a $152 million verdict in favor of plaintiff in a trade secrets trial twice postponed by the COVID-19 pandemic.…

Trade Secrets Trends

New Jersey Superior Court Tosses Trade Secret Claims for Failure to Plead with Sufficient Specificity Under New Jersey Trade Secrets Act

By Helen Osun & Julia Milewski

March 22, 2021

What does it take to sufficiently plead trade secret claims under the New Jersey Trade Secrets Act? In Lard-Vid, LLC and Visual Image Display UK, Ltd. v. Ground Support Labs LLC et al., 2021 N.J. Super. Unpub. LEXIS 323, at *15 (N.J. Sup. Ct. Feb. 26, 2021), the Court addressed exactly this issue and dismissed plaintiffs’ trade secret claims for failure to allege facts sufficient to satisfy the elements of the New Jersey Trade Secrets Act.…

Trade Secrets Trends

The Sedona Conference Publishes An Analysis of How to Seek Global Redress of Trade Secret Misappropriation

By Mark A. Klapow & Jacob Canter

March 19, 2021

Since its passage in 2016, the Defend Trade Secrets Act (“DTSA”) has become a powerful tool for litigants seeking civil redress for the misappropriation of trade secrets to get into federal court. The DTSA is particularly important because it allows litigants to seek redress for misappropriation that happens outside of the United States – overcoming the general presumption that federal law does not have an extraterritorial reach. We recently discussed the significance of the DTSA’s…

Trade Secrets Trends

Enforcement of trade secrets in the EU: compensation and damages for trade secret misappropriation

By Judith Bussé

March 18, 2021

We have reported on various aspects of the EU Trade Secrets Directive on this blog. The legal requirements for something to qualify as a trade secret, the misappropriation of trade secrets and the remedies that exist to rectify such misappropriation, as well as the protection of trade secrets during court proceedings have all been discussed. However, in order to be properly prepared for trade secrets litigation and enforcement – both in Belgium and…

Trade Secrets Trends

New DTSA Complaint Implicates Law’s Definition of “Disclosure”

By Jillian Ambrose & Crinesha Berry

March 16, 2021

A Complaint recently filed in the Southern District of New York may shed light on courts’ willingness to apply a broad interpretation of “misappropriation” in trade secrets cases. Plaintiff Greenpoint Capital Management, which grants loans to law firms to fund high-stakes litigation, has accused Apollo Hybrid Value Management LP and Apollo Hybrid Value Management GP of misappropriating trade secrets in violation of the Defend Trade Secrets Act (“DTSA”). The Complaint also includes claims for breach…

Trade Secrets Trends

Analysis and Commentary on the Latest Developments in Trade Secrets Protection, Disputes, and Enforcement

Blog Authors

Please Join Us for a Webinar: Trade Secrets Investigations

Invoking Trade Secrets to Block a Request to Access Personal Data under the GDPR: A “Threat” Has to Be Clearly Demonstrated

Bunch O’ Balloons Trade Secret Dispute Results in Bunch O’ Appeals

Employees may come and go. But will your trade secrets follow them?

Federal Court Imports California Trade Secret Disclosure Rule and Narrows DTSA Claim

Plaintiff Secures $152M Verdict at Trade Secrets Trial Postponed by Pandemic

New Jersey Superior Court Tosses Trade Secret Claims for Failure to Plead with Sufficient Specificity Under New Jersey Trade Secrets Act

The Sedona Conference Publishes An Analysis of How to Seek Global Redress of Trade Secret Misappropriation

Enforcement of trade secrets in the EU: compensation and damages for trade secret misappropriation

New DTSA Complaint Implicates Law’s Definition of “Disclosure”

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