The First Circuit’s decision in TLS Mgmt. & Mktg. Servs., LLC v. Rodriguez-Toledo, 966 F.3d 46 (1st Cir. 2020) is an important reminder that trade secret owners must take great care to understand the nature of their trade secrets,
Trade Secrets Trends
Analysis and Commentary on the Latest Developments in Trade Secrets Protection, Disputes, and Enforcement
Trade Secrets Trends, published by Crowell & Moring LLP, focuses on legal developments and practical issues related to trade secret protection, particularly within the European and Belgian legal context. The blog covers topics such as the interpretation and enforcement of trade secret laws by courts, requirements for qualifying information as a trade secret, remedies for misappropriation, burden of proof challenges, and procedural aspects of trade secret litigation. It also addresses the roles of various parties involved in trade secret disputes, including former employees, contractors, and companies, as well as recent regulatory changes affecting related areas like non-compete agreements. The blog provides insights into case law trends and strategic considerations for protecting confidential business information.
Latest from Trade Secrets Trends - Page 12
Grand Jury Indicts Chinese Energy Company, U.S. Oil and Gas Affiliate, and Chinese National on Trade Secrets Charges
A new indictment alleging misappropriation of U.S. oil and gas trade secrets by a Chinese energy company, its U.S.-based affiliate, and an executive is another example in a recent string of prosecutions for trade secrets theft involving China, a topic…
Taiwanese Semiconductor Pleads Guilty, To Pay $60 Million Fine for Criminal Trade Secret Theft
United Microelectronics Corporation, Inc. (“UMC”), a Taiwanese semiconductor foundry and the world’s fourth largest contract chipmaker, pleaded guilty on October 28, 2020, to criminal trade secret theft, will pay a $60 million fine – the second largest ever in a…
Sedona Conference Publishes Commentary on Proper Trade Secret Identification
By Yao Mou & Julia Milewski
A fundamental question in every trade secret misappropriation case is: what are the alleged trade secrets that are the subject of the claim? To assist parties and courts in answering this question, the Sedona Conference recently published Commentary on the…
Trade Secret Strategies: Using Standstill Agreements to Resolve Disputes Out of Court
Why litigate a case for months or years, only to arrive at a settlement that would have been possible before the case began? In many cases, neither litigant would choose this approach, but it happens quite often nonetheless. According to…
Ninth Circuit Opens the Door to Modifying a Trade Secret Identification After Discovery
Under the California Uniform Trade Secrets Act (CUTSA), and many other states’ trade secret acts, a plaintiff must identify its alleged trade secrets as a prerequisite to conducting discovery. Cal. Civ. Code § 2019.210. The Ninth Circuit recently held that…
Chinese Individual Indicted for Alleged Trade Secret Theft from Semiconductor Company
The U.S. government is continuing its endeavor of prosecuting individuals for the theft of U.S. trade secrets and for allegedly selling or bringing these trade secrets to China. The U.S. government is demonstrating that it considers the protection of trade…
Trade Secret Battle Waged in Legal Services Market
Given the value of trade secrets in the global economy, businesses should always be on high alert for signs of misappropriation of trade secrets or other confidential information. COVID-19 has only increased the importance of doing so given employee mobility…
Court Denies TRO in “The Lost Lincoln” Misappropriation Case
On October 2, 2020, a federal judge for the Central District of California denied a motion for a temporary restraining order (“TRO”) to enjoin the Discovery Channel from airing “The Lost Lincoln,” a documentary about an allegedly long-lost photograph of…
China Increases Focus on Protecting Against Intellectual Property Infringement
By Yao Mou & Julia Milewski
On September 14, 2020, China’s highest court, the Supreme People’s Court of the People’s Republic of China, released the “Opinions on Increasing Enforcement Against Intellectual Property Infringement According to Law” (关于依法加大知识产权侵权行为惩治力度的意见) (“Opinions”).
The Opinions cover four main areas: (1) Evidence…